Misconceptions on Human Rights in IslamWritten by: by Abdulrahman Al-Sheha :: (View All Articles by: Abdulrahman Al-Sheha) |
- Forward
-
Introduction
- Peace and security
- Decent food and sustenance for all
- Basic education for all
- Proper and adequate health facilities
Islam and Basic Necessities
-
Equality in Islam
- The Preservation of Mind
- The Preservation of Honor
- The Preservation of Wealth
-
Preservation of Progeny
- 1. The Rights towards Almighty Allah
- 2. The Rights towards Prophet Mohammed peace and blessings of Allah be upon him
- 3. Rights towards Other Prophets and Messengers
- 4. The Rights of Parents
- 5. The Rights of Husband towards His Wife
- 6. The Rights of Wife towards Her Husband
- 7. The Rights to Children
- 8. The Rights towards Relatives
- The Judicial System in Islam
- Hosbah, Accountability System in Islam
-
Islamic Declaration on Human Rights
- Reply to the Misconception about Shari'ah
- Reply to the Misconception about the Women's Rights
- Reply to the Misconception about Hudud
- Reply to the Misconception about Departing Islam
- Reply to the Misconception about Marriage to a non-Muslim
- Reply to the Misconception about Slavery
Misconceptions on Human Rights in Islam
- Conclusion
Forward
In the name of Allah, Most beneficent, most merciful.
All praise be to Allah, Lord of Honour and Glory, who has guided us to be
Muslims and made us among the followers of his last Prophet (peace and
blessings of Allah be upon him).
Dear Readers! Spending out time and energy in the way of Islam
and for human rights is indeed very important. This great piece of work
entitled ' Misconception on Human Rights in Islam' by our dear brother ABDUL
RAHMAN AL-SHEHA is an excellent achievement. He has coverd a very important
issue in depth and in accordance with the Qur'an and Sunnah.
The book covers the rights of Muslims in all aspects of life,
and no doubt such guidelines are very important for us to understand the way
of life, the ture way of Islam. By understanding the rights and needs of one
another, we can respect each other more. This is very useful reading for all
Muslims Ummah. May Allah bless his effort and reward him generously.
He has also written many other and useful and benefiting books,
and articles. I take his opportunity to congratulate him and praise his
efforts, and request all readers to recomend this book to their friends and
relatives. ABDUL RAHMAN AL-SHEHA is a very hard working brother, may Allah
give him the strength to continue his noble works.
I pray to Allah to guide us all to the Straight Path and save us
from all evil.
SHOUIAB AHMED
General secretary
Markazi Jamiat Ahl-e-hadith UK
3rd July 2001
Introduction
All Praise is due to Allah. May the peace and blessings be upon His slave
servant, Messenger, Muhammad (peace and blessings of Allah be upon him).
Every society has a set of rules and principles that guarantee
and ensure its individuals the rights and security. This enables them to
feel a sense of belonging, attachment, tranquility. Individuals need to have
this feeling of belonging, peace and security in order to perform their
tasks and duties in a satisfactory manner.
Presently, three distinct trends are discernable in our global
society. The first trend exaggerates the right of the individual on the
society. This trend gives the individual full freedom to do as he pleases.
This, no doubt, leads to a chaotic social situation. Because of this
unlimited freedom granted to the individual, the entire society suffers
immensely. Crime rate increases. Materialistic impact overwhelms. This trend
is found in the capitalist society.
The second trend is contrary to the above. It advocates the
right of the society over individual. It assigns society superiority over
general masses. The latter is stripped of all their individual rights. Only
rights that serve the government are granted to the individuals of such
society. This trend is known as communism.
The third trend neither emphasizes the right of the society over
the individual, nor the right of the individual over the society. Each is
rather given its due right in life. The individual members in a society
enjoy their own rights, and the society has its own rights as well. Both
rights are governed and controlled by strict rules and conditions. In this
trend, the public interest is given priority over the interest of an
individual in case of a conflict.
In this booklet, we shall address, in a general way, the human
rights in the light of Islam. These rights are based on the Divine Book of
Muslims, the Glorious Qur'â® and from Sunnah practice of Allah's Messenger
(peace and blessings of Allah be upon him), the two main sources of Islamic
life and jurisprudence. Both the Glorious Qur'â® and the Sunnah practices of
Allah's Messenger (peace and blessings of Allah be upon him), aim to produce
an ideal individual, in interactions with other individuals in his own
society and any other society all over the globe.
We firmly believe that the application of the social rules and
the principles of the third trend will definitely make the entire humanity
happier. Furthermore, the application of these principles will enable the
society to achieve optimum peace and security. These social rights and
principles are not a result of previous experiences, social ideologies,
temporary and immediate needs and/or political drives and motives.
The essential reason for our firm belief in such social rights
and principles is the fact that these are set out by the Creator of man Who
knows well what suites his creation at all times. The Almighty Allah knows
best what benefits man, what harms man, what makes man happy, what saddens
him, what makes man successful, what makes man miserable and so on and
forth. He (peace and blessings of Allah be upon him) is the Best Knower. He
knows what suits best and fulfills the entire needs of His creatures on
earth and makes their lives successful, secure and joyful.
The Glorious Qur'⮬ which was revealed and sent down unto
Muhammad (peace and blessings of Allah be upon him), some fourteen hundred
years ago, contains a great deal of these essential social rules.
Additionally, the Sunnah practices of Allah's Messenger (peace and blessings
of Allah be upon him), the second source of Islamic law, contain a lot of
guidelines for the same. These social rules and principles were set forth by
Allah's Messenger (peace and blessings of Allah be upon him) some fourteen
hundreds years ago in the best form and manner. Both, the Glorious Qur'â®
and Sunnah practices of Allah's Messenger (peace and blessings of Allah be
upon him) honored man and his individual rights in the society. On the other
hand, both sources of Islamic law did not overlook the needs and rights of
the society and the public interest. In fact, The Almighty Allah states in
the Glorious Qur'â® Sura Isra [Night Journey] 17:70 the meaning of which is
translated as:
?
Take alms from their wealth in order to purify them and sanctify them with
it? (At-Taubah:103). According to Ibn Abbass, may Allah be pleased
with him,
? We
have honored the sons of Adam; provided them with transport on land and sea;
given them for sustenance things good and pure; and conferred on them
special favors, above a great part of Our Creation?.
Such honor to mankind entails offering him a set of rights that
ensures his life's continuity, freedom and provision. Consequently, man is
honoured and made him super being on earth. Yet, in order to execute the
role of the super being on earth, there should be classes and categories of
mankind in order to perform specific tasks by specific individuals. As such,
the society will have better foundations and performance. This concept is
illustrated by the Almighty Allah in the Glorious Qur'â® Sura Anam [The
Cattle] 7:165 the meaning of which is translated as:?
It is He Who has made you (His) agents; inheritors of the earth. He has
raised you in ranks, some above others that He may try you in the gifts He
has given you. This is because Your Lord is quick in punishment. Yet, He is
indeed Oft Forgiving, Most Merciful?.
In fact, we should point out here that the human rights
according to Islam reflect continuous process that never ceases even after
man's death. Man is entitled to be properly washed, or rather bathed gently,
upon his death. Man is also entitled to be wrapped in one, or a set of three
to five, white, new, clean shrouds[1]
, then he is entitled to a funeral prayer to be offered as a farewell to his
body and soul in this life. Furthermore, Islam forbids to tamper with a
deceased cadaver, cutting an ear, a tongue, poking an eye, pulling a tooth,
removing a nose, cutting off a leg, or the like. This is based on the Hadith
of Allah's Messenger (peace and blessings of Allah be upon him),?
Breaking a bone of a deceased is identical in sin to breaking a living
person's bone?[2].
Furthermore, after death, a deceased is further honored with the
following rights: the grave of a Muslim deceased must not be dug up for no
significant and honorable reason, no body is allowed to sit on top of the
grave of a Muslim deceased and no body has the right to walk over the grave
of a Muslim deceased. This is also based on the Hadith and instruction of
Allah's Messenger (peace and blessings of Allah be upon him):?
It is far better for a person to sit on a burning charcoal that burns his
clothes, then he feels the burn on his skin, than to sit down on a grave?[3].
Yet, a Muslim deceased is also entitled for protection against
gossip and ill memories, even after his death. This is based on the
following Hadith of Allah's Messenger (peace and blessings of Allah be upon
him):?
(only) mention the good things of your deceased and shun away from
mentioning any defaming items (they were known with while alive?
[4].
In fact, there are more rights for a Muslim deceased as follows:
the deceased is entitled for the prayers, supplications and charity donated
on his behalf after death. A Muslim deceased is also entitled for the full
execution of his will and whatever he promised or pledged to do while alive,
but could not fulfil it due to abrupt death. This is based on the Hadith of
Allah's Messenger (peace and blessings of Allah be upon him):?
A man asked Allah's Messenger (peace and blessings of Allah be upon him):Oh
Prophet of Allah! My parents died. Is there anything I can do to please them
and be good to them, even after their death? Allah's Messenger r replied
immediately,Yes. Pray for their souls. Honor their friends and be generous
to them. Remain in touch and on good terms with their kin and kith, and
fulfil their pledge of allegiance (which they committed themselves to do
while they were alive)?.
Yes, we can notice that some international human organizations,
nowadays, call to principles similar to what we stated above. However, Islam
established these human rights some fourteen centuries ago. Conversely, the
rights enumerated by modern international organizations are characterized
with deficiencies and flaws. Such rights are enumerated established not for
the interests of the human beings in the first place, but rather to the
benefit of such organizations. This case becomes evident as we see many
human rights all over the world are being violated, yet, there is no
organization that gets up to defend such abused human rights. The poor are
not supported. The weak are neglected.
Humanitarian organizations do not come to the aid of the
oppressed persons because by helping them, their interests are not served.
Surely, if such organizations wanted to help, they can do it. However, since
their interests are not served by providing such help to the oppressed ones,
they would not interfere to protect the interests of the oppressed. Such
organizations, in such cases, raise a slogan of "Don't interfere in internal
affairs of other countries or people." Islam, on the other side, calls for
the protection, defense and the support of the oppressed ones, by
sacrificing the personal interests. Islam urges to remove any oppression of
the oppressed ones, if one is capable to do so, provided no personal injury
is occurred to the remover of oppression or others, and provided as well,
that the rules and regulations of a Muslim governor or government are not
trespassed. The Almighty Allah states in the Glorious Qur'â® Sura Nisa
[Women] 4:75 the meaning of which is translated as:?
And why should you not fight in the cause of Allah and of those who, being
weak, are ill-treated (and oppressed)? Men, women, and children, whose cry
is: Our Lord! Rescue us from this town, whose people are oppressors; and
raise for us from you one who will protect; and raise for us from you one
who will help!?.
It is important to point here that the implementation of the
human rights in the Islamic countries is inextricably linked with the
commitment to implement the Islamic teachings and principles. Some Islamic
countries turn their back completely to Islam, while other only take what
serves their own purposes and interests. Still, there are some other Islamic
countries who just pretend that they are implementing the Islamic teachings
and principles but, in reality, they are trying to destroy or distort Islam
from within. Therefore, we would like to point out here that an objective
person, who would like to study Islam, should do so by studying it on its
own merits as a fully developed system. The behavior and courses of actions
of certain individuals, groups, people, countries or governments must not
influence such a person. As we pointed out earlier, the implementation of
Islamic principles and Islamic law vary according to the commitment to Islam
in the first place. If the system is good, and we noticed some shortcomings
and faults in the application. Accordingly, we must examine the application
itself and not the system. For example, if we come across a person who
claims to act as a good Muslim, but as we examine his behavior, attitudes
and personality, we notice totally something else, then we should question
it. If we notice lying, cheating, breaching of contracts and deception in
the attitude of such a person we must not accuse the system itself, i.e.,
Islam, with deficiencies, but rather the person himself. We should,
thoroughly, examine what the system itself and consider its byproducts. A
simple example may be given here, if a person needs bread he would go to the
bakery, or at least to a place where bread may be sold such as a grocery
shop or a supermarket. If a person in need of bread goes to a butcher or a
fruit shop he would not be able to find bread there. There is a general
statement in the Glorious Qur'â® explaining such a case. The Almighty Allah
states in the Glorious Qur'â® Sura Anam [The Cattle] 6:116 the meaning of
which is translated as:?
If you to follow the common run of those on earth, they will lead you away
from the Way of Allah. They follow nothing but conjecture: they do nothing
but lie?.
Regretfully, we observe that many Muslims all over the world
nowadays, are not true representatives of Islam. Many Muslims commit a lot
of mistakes and have many deficiencies as well. This is very unfortunate
situation, but it is true. The reason for presenting such a statement in
this introduction is simply to warn out in advance any and inform all those
who would like to accept Islam as a way of life. They should not be
influenced or deceived by the attitudes and vices of such Muslims.
We hope such interested individuals would not be despaired. On
the other hand, we mean to urge and encourage Muslims to maintain the best
of practice and the application of their faith in every aspect of life.
Moreover, we call non-Muslims to examine Islam, try to understand its
principles, and try to live by its standards.
I was once informed of a new American Muslim, who accepted Islam
recently, came to an Islamic country. He was shocked to observe the
situation of Muslims in the Islamic society. He noticed how distant they
were from the beautiful and ideal Islamic teachings and principles. He said,
'I thank the Almighty Allah for enabling me to accept Islam as a way of life
prior to coming to this country. Have I come to this country before I
accepted Islam, I would have never thought of joining Islam'.
This new Muslim made this assertion because of what he saw of
the malpractice of Muslims. This is indeed a very unfortunate situation.
Islam and Basic Necessities
Islam is extremely keen to establish an ideally good society. Islam does
this by providing the essential items and necessities that ensure and
guarantee for individuals in the society their full rights. If the society
members enjoy peace, tranquility, freedom and availability of basic
requirements, they will become better citizens. Members of the society must
feel that way in order to practice a peaceful, happy, prosperous, productive
and meaningful life. Individuals of such a society will be able to enjoy
their legal rights.
Listen to the statement of Allah's Messenger (peace and
blessings of Allah be upon him):?
Whosoever wakes up (in the morning) feeling that he is secure in his
community, free from ailments and diseases in his body and has enough
provision (food stuff and supply) for a single day, (such an individual)
would be as if he owns the entire world?[5].
Islam, therefore, seeks to formulate and establish a society
that provides the following.
Peace and security
Islam offers self security, family security and protection. Members of the
Muslim society at large must not be frightened, or threatened by words,
threats or weapons of all types. This is based on the Hadith of Allah's
Messenger (peace and blessings of Allah be upon him):?
Whosoever frightens a Believer (in this life) it will become incumbent on
the Almighty Allah to make such a person insecure (and frightened) on the
Day of Judgement?[6].
Self security enables individuals of a society to have freedom
of mobility and movement in order to work and earn an honest income. Corpal
and capital punishment have been laid down and sentenced in order to impose
strict penalty on individuals who attempt to cause disruption to the peace,
security and stability of a Muslim society. One of these strict penalties
for criminals according to Islamic law is the penalty for peace, security
disruption and frightening innocent people in a society. Allah's Messenger
(peace and blessings of Allah be upon him) stated in his farewell speech:?
Truly, your blood, your protected items in life, and your wealth are
unlawful to one another. They are unlawful to tamper with like it is
unlawful to tamper with this (honorable and sacred) Day (the Day of Arafah
during Hajj), in this Sacred Month (the month of pilgrimage "Thul-Hejjah"),
and in this Sacred Town (the city of Makkah)?[7].
Decent food and sustenance for all
Food and decent sustenance are secured for people in an Islamic society by
availing decent and suitable work opportunities for the work force in the
society. Availability of job opportunities are rather crucial for people in
order to satisfy their basic needs. As for the individuals who can no longer
work due to old age, inability to work, chronic disease or the lack of
bread-earner in the family, such individuals become entitled for public aid
from the Islamic government. Zakah, poor due, will become eligible to such
types of people who cannot earn a decent income because of legitimate
reasons. Zakah, poor due, represent a full mechanism of social integration
among the various individuals of the Islamic society. Zakah, poor due, is an
obligatory charity that is taken from the rich and given properly to the
poor members of the Islamic society. This is based on the Hadith of Allah's
Messenger (peace and blessings of Allah be upon him) in an advice to his
Companion Muaath bin Jabal while sending him in a Dawah, call to Islam
mission to Yemen saying:?
Tell the people of Yemen that the Almighty Allah has prescribed a certain
percentage of their wealth as Zakah, poor due. Such Zakah will be taken from
the rich members of the Islamic society and given to the poor and needy
ones?[8].
Additionally, other voluntary donations, gifts, financial
commitments and the like are given in a good cause to please the Almighty
Allah, and extended willingly to the poor and needy members of the Islamic
society. This is also based on the Hadith of Allah's Messenger (peace and
blessings of Allah be upon him):?
Any group of people who reside in a specific Islamic community who do not
care for a hungry person among them shall not be considered by Allah and His
Prophet r as committed Muslims?[9].
Such poor and needy people are also entitled to a fair right and
share of the Islamic Treasury. This is also based on the Hadith of Allah's
Messenger (peace and blessings of Allah be upon him):?
Whosoever leaves behind a legacy (wealth and estates) will become entitled
to his heirs. As for the person who leaves behind poor and needy members of
his family, Allah (subhanahu wa ta'ala) and His Messenger (peace and
blessings of Allah be upon him) will take care of them?[10].
Basic education for all
The Almighty Allah states in the Glorious Qur'â® Sura Zumar [The Groups]
39:9 the meaning of which is translated as:?
Say: Are those equal, those who know and those who do not know? It is those
who are endued with understanding that receive admonition?.
In addition, Allah (subhanahu wa ta'ala) says in another verse
of Sura Mojadelah [The Arguing One] 59:11 the meaning of which is translated
as:?
Allah provide for you. And when you are told to rise up, (then) rise: Allah
will raise up, to (suitable) ranks (and degrees), those of you who believe
and who have been granted Knowledge. And Allah is well acquainted with all
you do?.
Education in the Islamic society is not a mere right for its
individuals. It is rather a required duty from every capable person. All
capable, intelligent and skilled individuals in the Islamic society are
required to educate themselves religiously and in worldly affairs. In fact,
an Islamic government is required and demanded to prepare and provide, when
possible, all means that help individuals in the Islamic society to earn a
better education. This concept is based on the Hadith of Allah's Messenger
(peace and blessings of Allah be upon him):?
Seeking knowledge (better education) is a obligatory on every Muslim (male
and female)?[11].
Furthermore, Islam considers seeking a better education as a
type of Islamic strife, or Jihad that the Almighty Allah rewards. Allah's
Messenger (peace and blessings of Allah be upon him) stated:?
He who travels to seek any (beneficial) knowledge is considered as a person
who is struggling in Jihad for the cause of Allah (subhanahu wa ta'ala)
until he returns (home)?[12].
Also, Allah's Messenger (peace and blessings of Allah be upon
him) is reported to have said:?
Whosoever takes a path seeking knowledge (or better beneficial education)
Allah (subhanahu wa ta'ala) will pave a path for such individual to Jannah,
Paradise?[13].
In fact, Islam considers it unlawful to withhold any useful
knowledge that one possesses but does not share with others to benefit them.
Allah's Messenger (peace and blessings of Allah be upon him) says:?
Whosoever withholds the dissemination of (a beneficial) knowledge (to others
who may need or benefit from it) will be tortured with a harness of fire on
the Day of Judgement?[14].
Furthermore, Islam imposes a penalty, or rather a warning of a
penalty, to those who ban, do not seek or do not take part in the
educational process in the Islamic society. Allah's Messenger (peace and
blessings of Allah be upon him) says:?
(unlearned) people should seek education from their neighbors. Knowledgeable
(educated) people must teach their neighbors, or else, a (severe) penalty
shall be imposed onto them?[15].
Proper and adequate health facilities
On the one hand, Islam bans all such reasons that may cause detrimental
effect to public health. Islam bans all types of harmful drugs and
intoxicants. Islam bans eating expired animals meats, swan, pig and all
their byproducts. Islam bans all immoral acts such as fornication, adultery,
lesbian and homosexual activities. Islam imposes quarantine for both,
incoming and outgoing traffic, in order to make sure that no epidemic or
harmful diseases are spread in a community causing health hazards. Allah's
Messenger (peace and blessings of Allah be upon him) says,?
If you hear about an epidemic in a certain country, then do not enter it
(travel to it). If you also hear of a spread of an epidemic disease in town
that you live in, then do not leave such towns either?[16].
Furthermore, Allah's Messenger (peace and blessings of Allah be
upon him) says,?
A sick person must not be brought to visit a recovering person?[17].
[5] Tirmithee, Hadith No. 2346.
[6] Tabaranee, Targheeb abd Tarheeb.
[7] Sahih Bukahri, Hadith No. 6043.
[8] See: Muslim, Hadith No. 29.
[9] Mosnad Ahmad.
[10] Sahih Bukahri Hadith No.2268 & 2269.
[11] Ibn Majah, Hadith No.337.
[12] See Tirmithee, Hadith No. 2785.
[13] Abu Dawoud, Hadith 3:317 and Tirmithee, Hadith No.2785.
[14] Darimee, Hadith No.3658.
[15] See: Tabarani, al-Mu'jam al-kabeer [Grand Collection of Hadith].
[16] Mosnad Ahmad Hadith No.15435.
[17] Bukahri Hadith No.5437 and Muslim Hadith No.104.
Equality in Islam
Islam removes all the impositions of barriers and classes among the members
of the Islamic society in order to enable them to enjoy and practice their
legitimate rights. No discrimination of any type is allowed in Islam.
Lineage, color, region or language must not give individuals any special
class or status in the Islamic society. This is done essentially to avoid
difference between the privileged or under-privileged on account of his
color, race, social class, nationality or any other means of
discriminations. This is based on the verse of the Glorious Qur'â® Sura Nisa
[Women] 4:1 the meaning of which is translated as:?
Oh mankind! Reverence your Guardian-Lord, Who created you from a single
Person, created, of like nature, his mate, and from them twain scattered
(like seeds) countless men and women; fear Allah, through Whom you demand
your mutual (rights), and (reverence) the wombs (that bore you): for Allah
ever watches over you?.
It is also based on the statement of Allah's Messenger (peace
and blessings of Allah be upon him),
? Oh
Mankind! Your Lord is One. Your (grand) father is one. All of you belong to
Adam (peace and blessings of Allah be upon him). Adam is created of soil
(earth dirt). Truly, the most honorable person in the Sight of Your Lord,
the Almighty Allah, is the most pious among you. There is no superiority for
an Arab over a non-Arab. There is no superiority for a non-Arab over an
Arab. There is no superiority for a red (race) person over a white person.
Likewise, there is no superiority of a white over a red (race) person except
for the level of piety (mindfulness of God, the Almighty Allah in life and
practices)?[18].
- The basis of humanity with all its races, according to Islam, is one
source without any distinction. Islam does not tolerate any false pride in
lineage, social status and belonging and the like. Allah's Messenger
(peace and blessings of Allah be upon him) says,?
The Almighty Allah has removed the false pride taking, which was practiced
in the pre-Islamic period, where individuals took false pride with their
ancestors (forefathers). All mankind belongs (in lineage) to Adam u. Adam
is created of soil (earth dirt)?[19].
- Furthermore, Islam bans all types of discriminations, as pointed
earlier. No racial discrimination is allowed or tolerated according to
Islam. Previously, Jews and Christians considered themselves of a higher
breed, race or class of people. Based on this the Almighty Allah exposed
the truth of Jews and Christians as stated in the Glorious Qur'â® Sura
Maiedah [The Table] 5:18 the meaning of which is translated as:?
(Both) the Jews and the Christians say:We are sons of Allah, and His
beloved. Say:Why then does He punish you for your sins? Nay, you are but
men, of the men He has created: He forgives whom He pleases, and He
punishes whom He pleases: and to Allah belongs the dominion of the heavens
and the earth, and all that is between: and unto Him is the final goal (of
all)?.
It is also reported that one of the Companions of Allah's Messenger (peace and blessings of Allah be upon him) namely Abu Tharr (may Allah be pleased with him) once said to black slave who served him, calling him as follows:Oh the son of the black lady. Upon hearing this call, Allah's Messenger (peace and blessings of Allah be upon him) turned to Abu Tharr (may Allah be pleased with him) and said to him immediately:? Are you insulting this man with his own (black) mother? Truly, you still possess some of the qualities of the pre-Islamic era. It is over. It is over. There is no virtue or merits for the son of the white woman over the black woman except for piety and righteousness or good deeds and actions?[20].
Abu Tharr (may Allah be pleased with him) upon hearing the comment of the Prophet (peace and blessings of Allah be upon him) put his head down on the ground for his slave servant to come and step with his black foot on his head although the Prophet r did not command him to do so. Abu Tharr (may Allah be pleased with him) felt very bad and regretted what he did and that was the reason that urged him to lay his head on the ground for his black slave servant to step on it in retaliation and revenge for what he, the master, attacked his servant with. Moreover, Abu Tharr (may Allah be pleased with him) wanted to discipline himself in a hard and humiliating way so as he would never repeat such a sin in the future.
- Similarly, all people are alike and equal in terms of the various acts
of worship. The rich, the poor, the leader, the peasant, the white, the
black, the dignified, the humiliated are all alike and equal before Allah
in terms of all acts of worship in Islam. All commands, and all
prohibitory items, are applicable to all without any distinction because
of class, social status or race. The Almighty Allah states in the Glorious
Qur'â® Sura Fussilat 41:46 the meaning of which is translated as:?
Whoever works righteousness benefits his own soul; whoever works evil, it
is against his own soul: nor is Your Lord ever unjust (in the least) to
His Servants?.
The differentiation between individuals in the Sight of Allah subhanahu wa ta'ala is based on their levels of piety, righteousness, compliance of the Commands of Allah subhanahu wa ta'ala. The Almighty Allah states in the Glorious Qur'â® Sura Hujurat [The Chambers] 49:13 the meaning of which is translated as:? Oh mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes, that you may know each other (not that you may despise each other). Verily the most honored of you in the Sight of Allah is (he who is) the most righteous of you. In addition, Allah has full Knowledge and is well acquainted (with all things)?.
- All individuals are equal in Islamic code of law. Penalties,
judgements and legal sentences are applicable to all classes of people
without any distinction. There are no particular forms of penalties or
sentences for a certain class of people. All people are equal within the
jurisdiction of Islamic law. No individual or class of people has immunity
over and above the Islamic laws. Aeshah (may Allah be pleased with him)
reported that the Korishites were too concerned when a Makhzoomi woman
stole and Allah's Messenger (peace and blessings of Allah be upon him)
wanted to apply the Corpal punishment in her case, amputating her hand.
The Korishites consulted among themselves and said, 'The best person to
talk about the Makhzoomi woman thief to the Prophet (peace and blessings
of Allah be upon him) is his most beloved Companion (and the son of his
most beloved companion) Osamah bin Zaid (may Allah be pleased with him)'.
Thus, Osamah (may Allah be pleased with him) spoke to the Prophet (peace
and blessings of Allah be upon him) concerning the Makhzomi, woman. Upon
listening to Osamah (may Allah be pleased with him), Allah's Messenger
(peace and blessings of Allah be upon him) said,'Oh Osamah! Are you coming
to intercede concerning a Corpal Punishment set by Allah subhanahu wa
ta'ala? (How dare you do this?)'. Allah's Messenger (peace and blessings
of Allah be upon him) stood up, as soon as he (peace and blessings of
Allah be upon him) finished his conversation with Osamah and delivered a
speech saying,?
The people (or nations) before you were destroyed due to the fact that
when a noble person among them would steal, they let him go unpunished,
but if a poor, weak and gullible person among them steals they will apply
the Corpal punishment to him. By Allah! If Fatimah (may Allah be pleased
with him); the daughter of Muhammad (peace and blessings of Allah be upon
him) stole (the value where she will be subject to Corpal punishment) I
shall cut her hand?[21].
- All members of the nation have the right to benefit from the national
resources. Also, all are equal in this right. This means that individuals
have an equal right to receive a fair share of the national Islamic
wealth. However, they will not be equal in terms of work they present. The
first Caliph; Abu Bakr (may Allah be pleased with him) distributes the
gifts among the Muslims equally. A group of people differed with him in
opinion on this distribution and argued, 'Oh Caliph of the Prophet (peace
and blessings of Allah be upon him)! We notice that you have distributed
the gifts in equal shares among people. However, certain individuals have
certain virtues and priorities. We wish that you had given a special gift
to such individuals'. Abu Bakr (may Allah be pleased with him) replied:?
How can I tell the specific virtues and privileges of the individuals you
mentioned? What I give is merely a living allowance. Offering an equal
living allowance to people is better than favoring certain individuals. As
for those who presented extra work for Islam their rewards are preserved
with Allah (subhanahu wa ta'ala) As for this worldly wealth, it is here
for the good pious person and the evil ones. This wealth is not
remuneration for the works they presented?
[22].
Each member of the Islamic society has a right to the national wealth and buried land resources, such as oil, gold, silver, diamond and other precious metals. Islamic government must exert every effort to secure job opportunities for its constituents and organize the utilization of such national resources. None has the right to monopolize, abuse or act for his personal interest on national resources. The Almighty Allah states in the Glorious Qur'â® Sura Mulk [The Kingship] 67:15 the meaning of which is translated as:? It is He Who has made the earth manageable for you, so traverse you through its tracts and enjoy of the Sustenance which He furnishes: but unto Him is the Resurrection?.
- Islam declares all people equal in terms of human values. The only distinction between people is on the basis of service that the individual presents to his society and community. Moreover, Islam looks at the religious, social or worldly services that individuals offer to their society and community. Islam, for instance, does not look at a hardworking individual and a sluggish on equal footing in terms of pay and financial rewards. Islam, also, does not treat the good and evil individuals equally in terms of rewards and punishments. The Almighty Allah states in the Glorious Qur'â® Sura Anam [Cattle] 6:132 the meaning of which is translated as:? To all are degrees (or ranks) according to their deeds: for Your Lord is not unmindful of anything that they do?.
Essential Needs
We should realize that Islam came to complete the previous Divine religions
and faith on earth. In fact, the Prophet (peace and blessings of Allah be
upon him); Muhammad bin Abdallah, completed the missions of the previous
prophets. Allah's Messenger (peace and blessings of Allah be upon him) says:?
My example, and the example of the Prophets, who preceded me, is like that
of a person who built a beautiful house. The house was perfect, magnificent
and great except for a place of a single brick (in one corner). People, who
visited (or saw) that house admired it but always wondered, Why did not the
owner complete that missing single brick?' I am that (missing) brick. I am
the final Prophet (for mankind on the earth)?[23].
Islam diligently acts to provide the basic needs of man on earth
like the previous Divine religions. Islam works hard to secure the following
items for its society members.
Preserve the Divine Religion
Let's read together the following verse of the Glorious Qur'â® from Sura
Baqara [The Cow] 2:190 the meaning of which is translated as:?
Fight in the cause of Allah those who fight you, but do not transgress
limits; for Allah loves not transgressors?.
Allah (subhanahu wa ta'ala) made Jihad, struggle for His cause a
rewardable act that Muslims believe in and practice. In fact, Jihad is
looked upon as the "hump" of the camel, the highest most important tip on
the body of the camel, and it should be so for a Muslim. Struggle for the
sole cause of Allah (subhanahu wa ta'ala) must be cherished by the sincere
Believing Muslims in this life. It should be treated very awesomely and
taken very seriously with a matured understanding for its objectives. Jihad
is not an innovation in Islam. In fact, Jihad is an acceptable,
well-established, and known practice in the previous Faiths and nations as
well. Jihad was established earlier, Allah (subhanahu wa ta'ala) knows best,
because of the fact that mentalities of people are conflictual all over the
earth. Moreover, good and evil always co-exist in societies all over the
world throughout the history. Therefore, Jihad was founded and defined in
order to stop tyranny and remove tyrant rulers who deviate from Allah's Path
and code of life that He laid down for man to follow. Jihad is laid down
also, Allah (subhanahu wa ta'ala) knows best, in order to stop and ban
people from worshipping other people and false deities and introduces them
to the reality of the worship of Allah (subhanahu wa ta'ala) alone, Who has
no son, partners or associates. Jihad is also laid down for man on earth to
remove all injustices done and committed by man and introduce man to the
mercy, justice and full peace and tranquility of Islam as a way of life.
Moreover, Jihad is laid down, in principle, to protect the Call to Islam and
help spreading it all over the world. It is for the interest of man on earth
and not for the interest of Arabs or Muslims as Islam has no geographic
borders. The final word underlying Jihad is for the people to either accept
or reject Islam as a way of life. Islam has an international message for the
entire humanity. Islam has the most comprehensive code of morals and ethics
for every walk of life. Islam laid down the principles of justice, fairness,
equality, freedom, prosperity, success and truthfulness for man on earth.
Jihad is laid down, on the other hand, not to force people against their own
will to join Islam, but rather it is a tool and mechanism to help spread the
religion of monotheism, justice and equality to the entire world. After the
various peoples receive the message, it is up to them to accept Islam as a
way of life, or choose otherwise. In any event, the essential purpose of
Jihad is to carry the Message of Islam to people and introduce it to them.
The Almighty Allah states in the Glorious Qur'â® Sura Baqarah [The Cow]
2:256 the meaning of which is translated as:?
Let there be no compulsion in religion: Truth stands out clear from Error:
whoever rejects Evil and believes in Allah has grasped the most trustworthy
hand-hold, that never breaks. And, Allah hears and knows all things?.
The directive principle cementing intra-relationships between
government and people is based on peace. Yet, Allah (subhanahu wa ta'ala)
laid down the foundations of Jihad in Islam for special reasons and
purposes. There is a main difference between the term "Jihad" and "War".
Jihad, as interpreted and understood in Islam, is not a "Holy War" as
described in the Western media, but rather it is an honorable "Fight"
against the enemies of Allah (subhanahu wa ta'ala) who reject His Word and
faith in Him and His religion of Islam. "War" on the other hand, is a drive
for personal interests and ownership of lands, natural resources, and
political or economic reasons. Islam ordered for Jihad in the three
situations as follows:
- Defense of Life, Property and National Boundaries
This concept is based on the verse of the Glorious Qur'â® Sura Baqarah [The Cow] 2:190 the meaning of which is translated as:? Fight in the cause of Allah those who fight you, but do not transgress limits; for Allah loves not transgressors?.
- Removing oppression and preserving the just rights of the oppressed
people
This concept is based on the verse of the Glorious Qur'â® Sura Nisa [The Women] 4:75 the meaning of which is translated as:? And why should you not fight in the cause of Allah and of those who, being weak, are ill-treated people (and oppressed)? Men, women, and children, whose cry is:Our Lord! Rescue us from this town, whose people are oppressors; and raise for us from You, one who will protect; and raise for us from You one who will help!?.
- Defense of Faith and Religion
A fighter must purify his intention to please Allah (subhanahu wa ta'ala) alone and with sound understanding that he is not participating in this Jihad for any unfair reasons. The fighters must realize that they are taking part in such a Jihad in order to spread the Word of Allah (subhanahu wa ta'ala). This concept is based on the verse of the Glorious Qur'â® Sura Anfal [War Booties] 8:39 the meaning of which is translated as:? And fight them on until there is no more tumult or oppression, and there prevails justice and faith in Allah altogether and everywhere; but if they cease, verily Allah does see all that they do?.
Moreover, if the enemies of Islam cease their fire and resort
to stop the war accepting to make peace with the Islamic Jihad government,
the Muslim fighters must, as well, cease their fires and stop all Jihad
activities. In fact, it becomes unlawful for Muslims to continue to fight in
Jihad against the troops of the other side if the confronted party cease
their fire and ask for peace. This concept is based on the verse of the
Glorious Qur'â® Sura Nisa [The Women] 4:90 the meaning of which is
translated as:?
Therefore if they withdraw from you but fight you not, and (instead) send
you (guarantees of) peace, then Allah has left no way for you (to war
against them)?.
Furthermore, all other types of wars that aims at land
expansion, colonial interests and revenge wars that result with a wide, or
full destruction, are totally prohibited according to Islam. Yet, although
Islam permitted fighting against enemies for necessary reasons, but it has
laid articulate rules of conduct in waging wars against enemies of Islam.
Islam does not allow fighters to kill haphazardly any body. Islam permits to
kill only fighting staff and supporting forces, on the other side. Islam
does not permit, accept or condone to kill elderly people, children, women,
sick people, medically under treatment and medical staff worriers and monks
who have secluded themselves for worship of Allah (subhanahu wa ta'ala) in
their own ways and principles. Islam prohibits killing a wounded man in a
battle. Islam also forbids mutilating the bodies and organs of the deceased
enemy fighters. Islam also forbids to kill the cattle or any type of animals
of the enemies, destroy the houses of the people, pollute the potable
waters, rivers, lakes, springs and wells of water of the fighting enemies.
Islam prohibits killing a wounded fighter of the enemies in the battlefield.
Islam prohibits chasing people who flee the battlefield. This concept is
based on the verse of the Glorious Qur'â® Sura Qasas [The Stories] 28:77 the
meaning of which is translated as:?
But seek, with the (wealth) which Allah has bestowed on you, the Home of the
Hereafter, nor forget your portion in this World: but do you good, as Allah
has been good to you, and seek not (occasions for) mischief in the land: for
Allah loves not those who do mischief?.
It is also based on the statement of Allah's Messenger (peace
and blessings of Allah be upon him):?
Invade (in fight for the) Cause of Allah and in His Name against those who
declare their unbelief in Allah. Invade (fight) but do not breach your
contracts or truces, do not mutilate and do not kill a newly born baby?
[24].
This is also in compliance to the directions and the
recommendation of the first Caliph, Abu Bakr (may Allah be pleased with him)
to his military leaders upon commissioning them for Jihad. He (may Allah be
pleased with him) said.
Listen and obey the following ten commands and instructions: Do
not betray any one (if you give a pledge). Do not ever steal from the war
booties. Do not breach your pledge of allegiance. Do not mutilate the body
of the killed enemy fighters or deceased. Do not kill a child or a minor. Do
not kill an elderly man or woman. Do not kill a woman. Do not pull out a
date palm tree (or any other trees) and do not burn it either. Do not cut or
destroy a fruit tree. Do not slaughter a female sheep, a cow or a camel
except for your (required) food. You surely will pass by some people who
isolate themselves and are secluded for worship of Allah (subhanahu wa
ta'ala) as monks and else, thus leave them alone and do not disturb them
ever. You will, surely, stop at some people on the road, who will bring
forth for you all types of food dishes. Whenever you eat their food utter
the name of Allah (subhanahu wa ta'ala) each time you eat. You will, surely,
pass by a group of people who shaved the hair in the center of their heads,
and left the surrounding hair long braids. Go ahead, kill these people as
they are the fighters and worriers who carry their swords against you, of
the enemies. Go ahead, with the name of Allah (subhanahu wa ta'ala).
Similarly, the POW, prisoners of war, in an Islamic Jihad are
not to be tortured, humiliated, mutilated or imprisoned in tight prison
cells without food and drink until death. This is based on the verse of the
Glorious Qur'â® Sura Insan-Dahr [The Human Being] 76:8 the meaning of which
is translated as:?
And, they feed, for the love of Allah, the indigent, the orphan, and the
captive. 9- (Saying), We feed you for the sake of Allah alone: no reward do
we desire from you, or thanks?.
The Islamic government has the right either to set free such POW
as a result of Islamic Jihad, with no ransom at all, or else, set them free
for a ransom or exchange them for Muslim POW with their enemies. This is
based on the verse of the Glorious Qur'â® Muhammad 47:4 the meaning of which
is translated as:?
Therefore, when you meet the Unbelievers (in fight), smite at their necks;
at length, when you have thoroughly subdued them, bind a bond firmly (on
them): thereafter (is the time for) either generosity or ransom: until the
war lays down its burdens. Thus (are you commanded): but if it had been
Allah's Will, He could certainly have exacted retribution from them
(Himself); but (He lets you fight) in order to test you, some with others.
But those who are slain in the way of Allah, He will never let their deeds
be lost?.
As for the conquered people, the non-Muslim residents of an
Islamic state, their family, possessions and estate must be protected. No
one has a right to seize the possession or the wealth of the non-Muslim
residents. No one has the right to humiliate them or encroach up their
honor. No one has the right to attack them for a revenge of any sort. On the
contrary, non-Muslim residents in an Islamic state must be well treated,
justly dealt with and equally respected. The belief and religious practices
of the non-Muslim residents in an Islamic state must as well be respected.
All this is based on the verse of the Glorious Qur'â® Sura Hajj [Pilgrimage]
22:41 the meaning of which is translated as:?
(They are) those who, if We establish them in the land, establish regular
prayer and give regular charity, enjoin the right and forbid wrong: with
Allah rests the end (and decision) of (all) affairs?.
The non-Muslim residents of an Islamic state are, however,
required to pay a minimal tax called "head-tax" or Jizyah. Head-tax is
collected from individuals who do not want to join Islam and desire to keep
in their religion while living in an Islamic state and under Islamic rule.
This head-tax has three types as follows:
- The head-tax of the rich and wealthy class: Its total amount is an
equivalent to the sum of (48) forty-eight Dirhams[25]
a year.
- The head-tax of the middle or average class, such as merchants,
traders and farmer: Its total amount is an equivalent to the sum of (24)
twenty-four Dirhams a year.
- The head-tax of the working class, such as bakers, carpenters,
plumbers and the like: Its total amount is an equivalent to the sum of
(12) twelve Dirhams a year.
The head-tax is collected in return to the protection and the
life guarantee of the non-Muslim residents of an Islamic State as well as
the protection of this wealth, estate, possessions and the like.
Furthermore, such people will enjoy all the rights, which Muslim conquerors
will enjoy. This is declared by a Muslim leader and worrier, General Khalid
bin al-Waleed (may Allah be pleased with him) who once pledged his
allegiance to the non-Muslim residents of an Islamic state and said, 'I
offer you my pledge of allegiance to fully protect you against the head-tax
collected from you. If we provide the necessary protection, we are entitled
for the head-tax. Otherwise, you are not required to pay it'[26].
Meanwhile, the head-tax is not applicable to every person who is
non-Muslim resident of an Islamic state. For instance, the poor, the minor,
the women, the monks, the blind people, the disabled individuals or the
handicapped, all of these categories of people are not required to pay
head-tax to the Islamic state. Moreover, Islam made it obligatory to the
Islamic government to provide the full protection to these categories of
people and offer them suitable living allowances. In fact, the pledge of
allegiance given by General Khalid bin al-Waleed (may Allah be pleased with
him) to the non-Muslim residents of the town called Heerah in Iraq, under
the Islamic rule, stated the following, 'Any elderly person, disabled
worker, terminally ill person or a rich person who went bankrupt and based
on that, deserve charity from the fellow religious people, all of these
categories of people are not required to pay head-tax. Furthermore, all
these categories will become entitled for suitable allowances from the
Islamic Treasury for himself and his supported family members'[27].
Furthermore, the second Caliph, Omar bin al-Khattab (may Allah
be pleased with him), once passed by a an old Jew who was begging from
people. Omar (may Allah be pleased with him) asked about this man and was
informed that the man was a non-Muslim resident of the Islamic state. Omar
(may Allah be pleased with him) immediately said, 'We have not been fair to
you! We've collected head-tax from you while you were young and capable and
neglected you at your old age!' Omar (may Allah be pleased with him) took
the old Jew to his own home and offered him whatever he found of foodstuff
and clothes. Later, Omar (may Allah be pleased with him) called the Treasury
and instructed him saying, 'Follow up, monitor and observe the situations of
similar people. Offer them sufficient assistance that suffices them and
their family members from the Islamic Treasury. Allah (subhanahu wa ta'ala)
stated in the Glorious Qur'â® Sura Tawbah [The Repentance] 9:60 the meaning
of which is translated as:?
Alms are for the poor and the needy?. The poor are the Muslims and
the needy are the non-Muslim residents of an Islamic state'[28].
Physical Protection
Human life is very important in Islam. The human being must be protected,
preserved and given full dues. For this very reason, Islam dictated equal
punishment and retaliation or retribution unto individuals who harm others
infringing any harm on any person. Islam commands to kill a pre-determined
and premeditating criminal who kills an innocent person or soul. However,
un-intentional killing has a separate sentence. In such events, the family,
or the heirs of the killed victim are given a Diyyah; blood money in
substitution of the soul of the victim. On the other hand, atonement is paid
in other cases. The atonement is to free a Muslim slave and if this is not
available, then fast two consecutive months. All such penalties are imposed
in order to preserve the Muslim soul. None has the right to tamper with
people's lives, possession or estate for no legitimate reason. All
oppressing or abusing individuals must be warned against unjust killing,
victimizing or harassing other innocent members of the Islamic society.
Furthermore, if an abuser, criminal or killer knows for sure that he will be
killed in retaliation for his homicide, he has no permission to proceed and
carry out his plan of homicide. If the retaliation is not the same kind of
the crime itself, a criminal person will not care, or take heed of the crime
he intends to do. Similarly, all other Corpal punishments have the same
rationales. The punishment corresponds to type of the crime. That is what
Islam sets out. All Corpal punishments are oriented to perpetuate the
preservation of the human life and possessions in an Islamic society. The
Almighty Allah states in the Glorious Qur'â® Sura Baqara [The Cow] 2:179 the
meaning of which is translated as:?
In the law of Equality there is (saving of) Life to you, Oh you men of
understanding; that you may restrain yourselves?.
Islam does not stop at this point by inflicting only the worldly
penalty for an intentional killer. Such a criminal is yet to face further
penalty in the Hereafter. The penalty of the Hereafter will be the Wrath of
the Almighty Allah, which he will receive in addition to severe punishment
and torment. The Almighty Allah states in the Glorious Qur'â® Sura Nisa
[Women] 4:9 the meaning of which is translated as:?
If a man kills a Believer intentionally, his recompense is Hell, to abide
therein (forever): and the Wrath and the Curse of Allah are upon him, and a
dreadful penalty is prepared for him?.
In regard to human life, Islam has imposed certain specific
duties on every one. The following are some of these duties:
- Man does not possess his soul or his own body but rather it is
entrusted to him on a temporary basis. Therefore, man is not entitled to
torture it or cause any harms, purposely, to it. This life is only to be
given in sacrifice for the cause of the Almighty Allah. Islam, therefore,
bans any type of suicidal crime or anything leading to it. The Almighty
Allah states in the Glorious Qur'â® Sura Nisa [Women] 4:29 the meaning of
which is translated as:?
Oh you who believe! Eat not up your property among yourselves in vanities:
but let there be among you traffic and trade by mutual good-will: nor kill
(or destroy) yourselves: for verily Allah has been to you Most Merciful!?.
- Man must maintain a proper nutrition care to satisfy and satisfy
minimum requirements that is essential for a decent living. Man, therefore
is not allowed to deprive himself of permissible food, drinks, clothing,
marriage and proper care. The Almighty Allah states in the Glorious Qur'â®
Sura Aaraf [The Heights] 7:32 the meaning of which is translated as:?
Say: Who has forbidden the beautiful (gifts) of Allah, which He has
produced for His servants, and the things, clean and pure, (which He has
provided) for sustenance? Say, they are, in the life of this world, for
those who believe, (and) purely for them on the Day of Judgment. Thus do
We explain the Signs in detail for those who understand?.
- In fact, the Almighty Allah denied the fact that the Prophet (peace and blessings of Allah be upon him)banning himself to eat any honey in order to please one of his wives. The Almighty Allah states in the Glorious Qur'â® Sura Tahreem (Forbidding) 66:1 the meaning of which is translated as:? Oh Prophet! Why hold you to be forbidden that which Allah has made lawful to you? You seek to please your consorts but Allah is Oft-Forgiving, Most Merciful?.
However, it is expected that mankind would be neither stingy
nor extravagant. Policy of moderation is commendable. Man may, and rather
should, enjoy the lawful bounties offered by the Almighty Allah to man on
earth, but as pointed out, in moderation. Man should be neither excessive
nor niggard even in lawful items. Moderation is the best and most pleasing
approach in this regard. Moderation must be done within the limits and
framework of the Islamic laws and constraints. The Almighty Allah states in
the Glorious Qur'â® Sura Aaraf (The Heights) 7:31 the meaning of which is
translated as:?
Oh Children of Adam! Wear your beautiful apparel at every time and place of
prayer: eat and drink: but waste not by excess, for Allah loves not the
wasters?.
Islam forbids man to neglect his physical needs that are
required for a decent life. Sadism is not tolerated, condoned, allowed or
acceptable in Islam. Man is not allowed to torture his own body, even if
this is done in any form of worship of the Almighty Allah. The Almighty
Allah states in the Glorious Qur'â® Sura Baqara [The Cow] 2:286 the meaning
of which is translated as:?
On no soul does Allah place a burden greater than it can bear. It gets every
good that it earns, and it suffers every ill that it earns?.
It is further reported that Anas bin Malik (may Allah be pleased
with him) said that, 'Three men came to the Prophet's (peace and blessings
of Allah be upon him)house. They inquired about the manners and the amount
of worship that Allah's Messenger (peace and blessings of Allah be upon him)
does and maintains while in his own home. When these folks were informed
about the reply, as if they belittled the amount of worship reported to
them. These men said to each other, 'We are so little in comparison with the
Prophet (peace and blessings of Allah be upon him). The Almighty Allah has
forgiven and pardoned completely all the sins of the Prophet (peace and
blessings of Allah be upon him) and wiped the previous and the future sins.
Based on this, one of the three men declared, 'I shall not sleep any minute
during the nights. I shall stand up and spend the entire night in prayers.'
The second man declared, 'As for me, I shall never, from now on, (until I
die) break a day of fast. I shall fast the rest of my entire life (in
worship of Allah).' As for the third man, he declared, 'As for me, I shall
never marry women during my entire life (consequently, he will not have any
sexual activities at all and chaste himself in worship)'. Anas (may Allah be
pleased with him) continued, 'Allah's Messenger (peace and blessings of
Allah be upon him) came by and listened to what these people vowed to do. He
r commented as follows, 'Are you the three people who said such and such?'
They replied positively. Thus, Allah's Messenger (peace and blessings of
Allah be upon him) said:?
As far as I am concerned, I am the most God-fearing and mindful person among
you. However, I offer (some) prayers during the night and I also sleep, I
observe fast for some days, and break the fast on other days (of the eleven
months outside the month of Ramadan) and I marry. Whosoever deviates from my
Sunnah practices does not belong to me (in faith)?[29].
The Preservation of Mind
In terms of responsibility and the performance of a religious duty, human
mind assumes pivotal accountability. Islam, therefore, bans all harmful
substances, drugs, intoxicants and the like having negative impact on the
mind. The word alcohol, in Arabic, is derived from preventing the brain from
functioning properly. Alcohol is considered according to Islam the core of
all vices. For it provides disastrous results to the users. Islam sets forth
a whipping penalty to the person who uses alcoholic beverages. Consequently,
if the brain is preserved in a sober and good functioning condition, then
the health will be preserved, the wealth will be properly maintained and the
protected items will be also looked after properly. All other destructive
items may be also added under this class or category of alcoholism. The
Almighty Allah states in the Glorious Qur'â® Sura Maidah [The Table] 5:90,
91 the meaning of which is translated as:?
Oh you who believe! Intoxicants and gambling, (dedication of) stones, and
(divination by) arrows, are an abomination of Satan's handiwork: eschew such
(abomination), that you may prosper.Satan's plan is (but) to excite enmity
and hatred between you, with intoxicants and gambling, and hinder you from
the remembrance of Allah and from prayer: will you not then abstain??.
In fact, Islam applies stringent rules in order to ban alcohol
in the Islamic society once and for all. Islam forbids the manufacturing of
any alcohol beverages, earning any income from the sale of alcohol.
Moreover, Islam discourages to promote such alcoholic beverages at all in
the Islamic society, even if the promoter or salesperson himself does not
either drink it or use it. This prohibition is based on the Hadith of
Allah's Messenger (peace and blessings of Allah be upon him):?
alcohol is cursed, the drunkard of alcoholic beverages is also cursed, the
bartender who offers people or serves people to drink alcoholic beverages is
also cursed, the seller of the alcoholic beverages is also cursed, the
purchaser of alcoholic beverages is also cursed, the squeezers of the grapes
to make it into alcoholic beverages is also cursed, the courier (or the
carrier) of the alcoholic beverages is also cursed, the person who requests
others to carry alcoholic beverages to bring them to him is also cursed, and
the person who benefits from the price collected on the sale of alcoholic
beverages is also cursed?[30].
The Preservation of Honor
Islam prohibits all types of adultery and fornication. Yet, it has banned
all activities that lead to commit such a heinous crime against self, others
and the entire society. On this point, Islam concurs with previous divine
religions. Islam, however, went further towards this direction. Islam banned
any act that may lead to committing such a crime against the humanity. Islam
banned unlawful look at a female, or a male that may attract a person from a
different sex. Further, Islam bans a man and a woman who are not related to
each other and can marry to be alone, or in seclusion from public. Likewise,
Islam bans the lustful touches of the two opposite sexes. Furthermore, Islam
bans the mingling of the two opposite sexes. This closes all the possible
avenues of committing adultery or fornication of any type. This is based on
the verse in the Glorious Qur'â® Sura Isra [The Night Journey] 17:32 the
meaning of which is translated as:?
Nor come nigh to adultery: for it is a shameful (deed) and an evil, opening
the road (to other evils)?.
It is also based on another verse of the Glorious Qur'â® Sura
Anam [Cattle] 6:151 the meaning of which is translated as:?
Say: Come, I will rehearse what Allah has (really) prohibited you from: join
not anything as equal with Him; be good to your parents; kill not your
children on a plea of want - We provide sustenance for you and for them -
come not nigh to shameful deeds, whether open or secret; take not life,
which Allah has made sacred, except by way of justice and law: thus does He
command you, that you may learn wisdom?.
Therefore, Islam sets a Corpal punishment for a bachelor male or
female who commits fornication. The Almighty Allah states in the Glorious
Qur'â® Sura Nur [The Light] 24:2 the meaning of which is translated as:?
The woman and the man guilty of adultery or fornication flog each of them
with a hundred stripes: let not compassion move you in their case, in a
matter prescribed by Allah, if you believe in Allah and the Last Day: and
let a party of the Believers witness their punishment?.
Allah's Messenger (peace and blessings of Allah be upon him)
further expounded the graveness of the crime of adultery saying:?
There is no greater sin (in the Sight of Allah (subhanahu wa ta'ala) and
Islam) after the sin of associating others in the worship of Allah (subhanahu
wa ta'ala). (that is more flagrant in the Sight of Allah (subhanahu wa
ta'ala) ) than placing a semen in a private part of a woman who is not
lawful for the man to place there?[31].
As for the married male or female who commits adultery, while
being married, or after divorcing one's spouse, the penalty for such a
criminal person is to stone to death. The criterion to apply this Corpal
punishment, however, is to meet one of the following conditions:
- 1. Confession:
This means that both, male and female, confess their crime openly and publicly before the Muslim Judge or ruler. Punishment, in this case, is not executed immediately and from the first instant of being reported. The offenders are given the chance to review their confession and admission of sin. If they insist repeatedly, several times this Corpal punishment is executed.
- 2.Testimony of the witnesses:
It means the witnesses of four fair, trustworthy, honest and sound people who report seeing the adulterers in action. These witnesses must state the minute details of seeing and witnessing the detailed intercourse. Of course, such a scene is very rare to come by as most reasonable and normal people have their intercourse in full privacy and behind closed doors, or rather properly locked and secret places. Therefore, seeing a crime of adultery in action is almost impossible under normal conditions and circumstances. In fact, the history of Islam recorded two or three instances of confession on crimes of adultery. The individuals, who committed such a flagrant crime and openly confessed their crime was because of their clean conscious and strong faith in Allah (subhanahu wa ta'ala). They wished to be penalized in the world and be protected in the Hereafter. However, if the actual intercourse does not fully take place, there will be no application of Corpal punishment. For instance, if a person, male or female only kisses, hugs or touches the private parts of the other person, without actually committing adultery or fornication, this Corpal punishment will not be applicable to them.
Islam further establishes a penalty of false accusation to a
person who accuses another person for committing adultery or fornication,
but does not produce tangible evidence to support his claim and accusation.
Such a false accuser will be given eighty lashes for his/her false
accusation. This is based on the verse in the Glorious Qur'â® Sura Nur [The
Light] 24:4 the meaning of which is translated as:?
And those who launch a charge against chaste women, and produce not four
witnesses, (to support their allegations), flog them with eighty stripes;
and reject their evidence ever after: for such men are wicked transgressors?.
Furthermore, Islam prohibits all derogatory acts that violate
the honor, dignity and respect of Muslims in the community. This is based on
the verse in the Glorious Qur'â® Sura Hujurat [The Chambers] 49:11,12 the
meaning of which is translated as:?
Oh you who believe! Let not some men among you laugh at others: it may be
that the (latter) are better than the (former): nor let some women laugh at
others: it may be that the (latter) are better than the (former): nor defame
nor be sarcastic to each other, nor call each other by (offensive)
nicknames: ill-seeming is a name connoting wickedness, (to be used of one)
after he has believed: and those who do not desist are (indeed) doing wrong.
Oh you who believe! Avoid suspicion as much (as possible): for suspicion in
some cases is a sin: and spy not on each other, nor speak ill of each other
behind their backs. Would any of you like to eat the flesh of his dead
brother? Nay, you would abhor it. However, fear Allah: for Allah is
Oft-Returning, Most-Merciful?.
This is also based on another verse of the Glorious Qur'â® Sura
Nisa [Women] 4:112 the meaning of which is translated as:?
But if any one earns a fault or a sin and throws it on to one that is
innocent, he carries (on himself) (both) a falsehood and a flagrant sin?.
The Preservation of Wealth
Islam has protected personal wealth. Islam imposes very strict penalties
against thefts and thieves. This is done with the idea of ensuring
protection to the wealth of the individuals, their ownership and personal
assets. Therefore, Islam imposes the Corpal punishment of cutting off the
hand of the thief who steals the belonging of others. The Almighty Allah
states in the Glorious Qur'â® Sura Maidah [The Table] 5:38 the meaning of
which is translated as:?
As to the thief, male or female, cut off his or her hands: a punishment by
way of example, from Allah, for their crime: and Allah is Exalted in Power.
Full of Wisdom?.
The process of amputating the hand of a thief is orderly. It is
not haphazard as anti-Islamic elements project. Basic conditions must be met
in order to cut off the hand of the thief. These conditions are as follows:
- The stolen item, money, or valuables must be under a locked area. The
thief must break the lock to get to the item he steals. Therefore, if a
thief steals an item that is left outside, not cared for, then the hand of
the thief won't be cut off. The thief, however, in such a case will be
subjected to penalty. The executive authority is to determine the
appropriate penalty. The owner of the stolen item is considered, in such
situation, negligent for his valuable items.
- The theft committed should not involve the food for survival. If the
theft is for the sole purpose of feeding oneself, the hand of such a thief
will not be cut off. This is based on the action taken by the second
Caliph Omar bin al-Khattab (may Allah be pleased with him) during the year
called the "Ramadah Year Famine" where Omar (may Allah be pleased with
him) did not apply this Corpal theft punishment due to the then existing
circumstances.
- The value of the theft must be within the range of the value set for stealing which renders a convicted punishable with the amputation of hand.
It should also be pointed out here that this type of Corpal
punishment would not be executed unless all pertinent evidence is available
and there is not doubt in the mind of the Muslim judge, that the crime is
punishable by Islamic law. This is based on the statement of Allah's
Messenger (peace and blessings of Allah be upon him):?
Block off the application of the Corpal punishment by negating the presence
of any possible or potential judicial errors?.
Islamic jurisprudence, however, while expiating Corpal
punishment of a criminal for the crime he committed, will substitute it with
another type of disciplinary punishment. Disciplinary punishment is usually
less than the Corpal punishment and is determined by the Muslim judge
according to the type, level, category and severity of the crime and the
criminal himself and his criminal records. Disciplinary punishment may be
imprisonment, whipping in public, reprimanding him or imposing a fine for
his crime.
Furthermore, Islam has banned all types of transgression against
private possessions, estate and lands ownership. This is based on the verse
in the Glorious Qur'â® Sura Baqara [The Cow] 2:188 the meaning of which is
translated as:?
And do not eat up your property among yourselves for vanities, nor use it as
bait for the judges, with intent that you may eat up wrongfully and
knowingly a little of (other) people's property?.
Therefore, the transgressor will be subjected to a tremendous
and severe penalty on the Day of Judgement. This is based on the statement
of Allah's Messenger (peace and blessings of Allah be upon him):?
Whosoever unjustly takes any money of the wealth of another Muslim's wealth
without a due right, Allah will meet such a person while He is indignant
with him?[32].
This is also based on another statement of Allah's Messenger
(peace and blessings of Allah be upon him):?
Whosoever unjustly grabs a hand measurement of a land (of another Muslim)
Allah (subhanahu wa ta'ala) will cause such an oppressor to be surrounded
with seven earths (around his neck) on the Day of Judgement?[33].
Moreover, Islam demands that the oppressor must return the
amount he unjustly confiscated of other Muslims' land or property or
alternatively he is forced to pay the value of such unjustly confiscated
property. Furthermore, the oppressor in such a situation is subjected to a
lashing penalty determined by the Muslim judge. Yet, Islam entitles the
owner of a wealth or property to defend all that he owns even at the point
of killing the oppressor. If the owner kills his oppressor, he is not to be
killed for killing the oppressor, if he can prove that he killed him while
defending his ownership. If the oppressor, on the other hand, killed the
defending owner, the killed owner is a martyr. This is based on the
statement of Allah's Messenger (peace and blessings of Allah be upon him):?
Whosoever is killed defending his wealth is categorized as a martyr?[34].
Preservation of Progeny
Islam pays a special attention to the reproduction of man and the
maintenance of the human race on earth. This race of human is entrusted with
the guardianship of the entire earth and the representation of divine wisdom
to serve as the vicegerent of the Almighty Allah on earth. Therefore,
stopping the reproduction process by any means, ceasing it in any form or
tampering with it in any way or cause to reduce it, for no legitimate
reason, is an unlawful practice according to Islam. The Almighty Allah
states in the Glorious Qur'â® Sura Baqara [The Cow], 205 the meaning of
which is translated as:?
When he turns his back, his aim everywhere is to spread mischief through the
earth and destroy crops and cattle. But Allah loves not mischief?.
Islam, for instance, prohibits abortion after the fourth month
of pregnancy. Muslims believe that the soul will be blown in the fetus at
the fourth month of pregnancy. However, if there is a grave situation, which
endangers the life of mother, there is no harm in performing abortion to the
fetus. This is based on the statement of Allah's Messenger (peace and
blessings of Allah be upon him):?
?A fetus will be constructed in the shape of sperm for forty days. Then, it
will be a clinking clot [to the internal side of the mother's womb] for
another forty days. Then, the angel will be sent down to the fetus to blow
the soul in it. The angel [is further] commanded to write the following four
items [concerning the future life of the fetus on the earth] as follows: the
[pre-determined] provision of the fetus, his/her term [life duration on
earth], and whether he/she is fortunate or unfortunate [while alive on
earth]?[35].
In fact, Islam considers it a premeditated killing when a
pregnant mother performs abortion after the soul is blown in the fetus
[after four months of pregnancy]. Such a killing entitles a punishment for
both parents. Unintentional abortion, however, requires a blood-money
substitution for the aborted fetus. This issue may be reviewed in the books
on Islamic jurisprudence.
Many statements of Allah's Messenger (peace and blessings of
Allah be upon him) are reported in this regard concerning the urge to have a
normal reproduction of the human race, the maintenance of the human race and
to increase the rate of reproduction, if possible. Allah's Messenger (peace
and blessings of Allah be upon him) says:?
Marry a loving, kind and reproducing female as I will take a special pride
by you on the Day of Judgement?[36].
Lineage Preservation
Islam capitalizes on the value of the nucleus family and the broader sense
of family as well. The nucleus family is the basis and the foundation of the
society. In order to protect this family against breaking and
disintegrating, Islam pays every attention to this unit of the society.
Lineage is one of the essential bonds of the family. A relative will
recognize the rights of his kin and kith and consequently, will pay his due
right to that relative in an appropriate fashion. Allah (subhanahu wa ta'ala)
laid down certain rules, and regulations that consolidate the foundations of
kinship rights on every individual member of the family. Moreover, Islam
protects the family against interactions that may lead to its
disintegration. Open relationships between the family members, who are
permitted to marry one another lawfully, may lead to many family social
problems. Such open family relationship may, for instance, lead to unlawful
types of marriages such as the incest marriages or may cause the deprivation
of inheritance for the person who is entitled for inheritance and vice
versa. Allah's Messenger (peace and blessings of Allah be upon him) says:?
Any woman, who falsely attributes a child to her household as a genuine
child of her husband, is not considered a Believer in Allah. Furthermore,
Allah (subhanahu wa ta'ala) will not permit such a woman to enter Jannah.
Moreover, any man who falsely denies his son, while looking at him [knowing
that he is truly his son], Allah (subhanahu wa ta'ala) will place a barrier
between Him and that man [will not permit such a man to look at Him].
Furthermore, Allah (subhanahu wa ta'ala) will scandalize such a false claim
of this person before the entire humanity [on the Day of Judgement]?[37].
In the pre-Islamic Jahiliyyah the family system was corrupt.
Islam initiated decisive reformations. It annihilated all existent
malpractice. The following are some of the items banned by Islam:
- Child adoption:
Islam prohibits adopting a child who is not a genuine and blood child of a male. Thus, adopted child will take the family name of the adopting father or parents and will be entitled to all rights and duties like one's real and own child. This is based on the verse in the Glorious Qur'â® Sura Ahzab [The Confederates], 33:4,5 the meaning of which is translated as:? Allah has not made for any man two hearts in his (one) body: nor has He made your wives whom you divorce by Zihar[38] your mothers: nor has He made your adopted sons your sons. Such is (only) your (manner of) speech by your mouths. But Allah tells (you) the Truth, and He shows the (right) Way. Call them by (the names of) their fathers: that is more just in the Sight of Allah. However, if you know not their father's (names, call them) your Brothers in Faith, or your Maulas[39]. However, there is no blame on you if you make a mistake therein: (what counts is) the intention of your hearts: and Allah is Oft-Forgiving, Most Merciful?.
- Admitting a child as a son/daughter:
A father must openly declare that the child is truly his legitimate child, in order for the child to be attributed to him in lineage. Islam bans claiming a child to a man without father's admission because such a claim jeopardizes marital relationships as well as family life. Moreover, such inconsiderate claim gives the man (who might and might not be a husband) the power to follow his whims and personal desires to claim as he pleases. Yet, the woman (who might be the wife in such case) is exposed and subjected for false accusations. This blemishes her honor and dignity and pride by accusing her with illegitimate sexual activities with a man other than her own lawful husband. Moreover, such a false claim of a man may create a rift between the rest of the children of the family, and distort the lineage of that particular family by mixing the pure children with out of wedlock children. Islam, therefore, determines that any child born who is a legitimate product of a marriage contract is attributed to the father with no need of any further proof or denial. A husband of a woman needs not to admit openly that child is his. Such a declaration seems odd and unnecessary. This practice is based on the statement of Allah's Messenger (peace and blessings of Allah be upon him):? The (born) child (as a result of a lawful marriage) belongs to the (bed of) his father?[40]. The only exception to this rule is when it is proved, beyond a doubt, that the wife is betraying her husband and is pregnant from another man, other than her own husband. In such case, specific rules and judicial sentences will apply. We shall not cover these rules in this book.
- "Khal'a", or disowning:
It is the instance where a father discovers legitimately that some of the children who are attributed to him are not really his. Thus, after disowning such person, or persons, he will become total stranger to them. This means that if the person who is disowned is a female, she must not appear before such a man at her leisure, travel with him, live with him or deals freely with him.
- Woman's family name change after marriage:
A Muslim woman, after marriage keeps her median's family name according to Islamic jurisprudence. According to Islamic teachings and law, it is unlawful for a woman to bear the family name of her husband after marriage. Looking at this closely one can comprehend the great honor, dignity and respect for the freedom granted to the woman in Islam. Moreover, this practice preserves the equality and equal right of a Muslim woman to the Muslim man in the right of carrying their own independent name and to become a follower to the husband's family name immediately after marriage.
- Preserving and honoring the rights of the weak and the disable
person:
Islam honors the elderly members in the Islamic society, respects them and extends every possible assistance to them. Individuals who have dedicated their lives for the sake of society and nation must be truly honored and respected. Similarly, the disable persons, who are tested and tried by Allah (subhanahu wa ta'ala) with such disabilities, are also to be respected. They are disabled, Allah knows best, to test their patience and to let others benefit from seeing them and appreciate the Grace of Allah unto them as healthy people are perfectly enjoying all their limbs and organs properly. This is based on the statement of Allah's Messenger (peace and blessings of Allah be upon him):? He is not considered among us Muslims, who does not show mercy to our youngster and show respect to our elders?[41].
Furthermore, this practice is also based on the Hadith of Allah's Messenger (peace and blessings of Allah be upon him):? Never a young man respects and honors an elder at his old age, but the Almighty Allah will pay such a person back at his old age. Allah (subhanahu wa ta'ala) will avail people to respect such a young respectful man at the old age when he needs it most?[42]. As for the helpless orphan, who really needs help and proper care, the Almighty Allah states in the Glorious Qur'â® Sura Dhuha, (The Forenoon), 93:9 the meaning of which is translated as:? Therefore treat not the orphan with harshness?.
Also, the Almighty Allah states in the Glorious Qur'â® Sura Isra (The Night Journey) 17:34 the meaning of which is translated as:? Come not nigh to the orphan's property except to improve it, until he attains the age of full strength; and fulfil (every) engagement, for (every) engagement, will be inquired into (on the Day of Reckoning)?.
Furthermore, the Almighty Allah states in the Glorious Qur'â® Sura Nisa (The Women) 4:10 the meaning of which is translated as:? Those who unjustly eat up the property of orphans, eat up a fire into their own bodies: they will soon be enduring a blazing fire!?.
Yet, Allah (subhanahu wa ta'ala) addressed the preservation of the rights of the innocent children whose parents might commit a crime against them due to poverty and total ignorance by killing them. Allah (subhanahu wa ta'ala) stated in the Glorious Qur'â® Sura Anam (The Cattle) 6:151 the meaning of which is translated as:? Say: Come, I will rehearse what Allah has (really) prohibited you from": join not anything as equal with Him; be good to your parents; kill not your children on a plea of want - We provide sustenance for you and for them - come not nigh to shameful deeds, whether open or secret; take not life, which Allah has made sacred, except by way of justice and law: thus does He command you, that you may learn wisdom?. In this fashion we can see the preservation of the weak, gullible and less affluent people in the Islamic society.
- The preservation and the safety of the national resources:
All hidden, buried and reserved national resources are public property. This does not mean that any body can have a direct access to its use as he pleases, but rather, the income generated from all these natural resources must be placed in the Islamic government Treasury. The Treasury will extend finances to meet the needs of the public. Such resources are not to be privately owned by a specific group or class of people or individuals for any specific merit. Such resources are publicly owned in terms of the public interest gain and benefits. It becomes a collective responsibility of the Islamic society to watch out for any intruder or aggressor and report such person to the Islamic authorities in order to maintain their safety. Any unlawful exploitation of natural resources is banned according to Islamic teachings and principles. The Almighty Allah states in the Glorious Qur'â® Sura Baqarah [The Cow] 2:60 the meaning of which is translated as:? And do no evil nor mischief on the (face of the) earth?. Furthermore, this is based on the statement of Allah's Messenger (peace and blessings of Allah be upon him):? The human beings are partners in three items. These items are: water, grazing grass and fire (fuel)?[43].
- Public and private rights in Islam:
Islam endeavors to strengthen the social ties among the members of the Islamic society. Therefore, Islam first addressed the rights of the immediate members of the family. All the kindred have rights in Islam towards each other. The value and the importance of such rights vary according to the degree of relationship. The Almighty Allah states in the Glorious Qur'â® Sura Nisa [The Women] 4:1 the meaning of which is translated as:? Oh Mankind! Reverence your Guardian-Lord, who created you from a single Person, created, of like nature, his mate, and from them twain scattered (like seeds) countless men and women; fear Allah, through Whom you demand your mutual (rights), and (reverence) the wombs (that bore you): for Allah ever watches over you?.
Furthermore, the common relationships were not neglected in Islam either. Varied relationships between people make up a network, which joins people or makes them closer socially to each other. Distant people to each other need a type of bond that brings them together in a close net in order to appreciate one another. Hence, Islam establishes the basis for such a cohesive society. The Almighty Allah states in the Glorious Qur'â® Sura Hajj [Pilgrimage] 22:41 the meaning of which is translated as:? (They are) those who, if We establish them in the land, establish regular prayer and give regular charity, enjoin the right and forbid wrong: with Allah rests the end (and decision) of (all) affairs?.
This type of strengthening relationship is also based on the statement of Allah's Messenger (peace and blessings of Allah be upon him):? The example of Believers in love, affection, cooperation and collaboration is like that of one body. If one organ of the body aches, the entire body will support the aching body by staying awake (in defense against the attacks of the foreign bodies) and by getting feverish (a state that shows the cooperation of the entire systems of the body to defend against the invading microbes or disease)?[44]. Therefore, there are well-established public and private rights in the Islamic society. We will focus on the most important ones.
1. The Rights towards Almighty Allah
The essential right of man towards Allah (subhanahu wa ta'ala) is, to worship Him alone, setting no rivals, partners, helpers or attribute any sons or daughters to Him (subhanahu wa ta'ala). Man must declare the testimony of Truth. He should bear witness to the fact that, 'there is no deity worthy of worship but Allah alone'. However, this declaration involves the following requirements:
- Full faith: Man must submit himself to Allah (subhanahu wa ta'ala) in
faith and total belief. He must declare, with the acceptance of his heart,
that, 'There is no deity worthy of worship but Allah alone. He has no
partner, assistant, and son or else. The Almighty Allah states in the
Glorious Qur'â® Sura Muhammad (peace and blessings of Allah be upon him)
47:19 the meaning of which is translated as::?
know, therefore, that there is no god but Allah, and ask forgiveness for
the fault and for the men and women who believe: for Allah knows how you
move about and how you dwell in your homes?.
- Sole worship: Allah alone deserves to be worshipped in full. None has
the right to be worshipped along or besides Him. All statements, acts and
hidden intentions must agree with what the Almighty has designated. All
actions of man must be performed for the Pleasure of the Almighty. The
Almighty Allah states in the Glorious Qur'â® Sura Ghafir (Forgiver) 40:60
the meaning of which is translated as:?
And your Lord says: Call on Me; I will answer your (Prayer): but those who
are too arrogant to serve Me will surely find themselves in Hell, in
humiliation!?.
An example of such worship is to offer the obligatory prayers. One of the fruits of offering and maintaining such prayer is to enjoin good and stop all evil acts. The Almighty Allah states in the Glorious Qur'â® Sura Ankabot (The Spider) 29:45 the meaning of which is translated as:? Recite what is sent of the Book by inspiration to thee, and establish regular Prayer: for Prayer restrains from shameful and unjust deeds; and remembrance of Allah is the greatest (thing in life) without doubt. And Allah knows the (deeds) that you do?.
Furthermore, the payment of Zakah to the destitute will tend to generate self-purification and elimination of misery and niggardliness. Additionally, an alms giver becomes considerate to others, especially needy and poor. The Almighty Allah states in the Glorious Qur'â® Sura al-Lail (The Night) 92:18-20 the meaning of which is translated as:? Those who spend their wealth for increase in self-purification, And have in their minds no favor from anyone for which a reward is expected in return. But only the desire to seek for the Countenance of their Lord Most High?.
Moreover, observing fasting enables man to have a better
control over temptations and passions. It gives him a better self-discipline
and grants man a better understanding of the sense of piety and God-fearing,
a concept that is extremely hard to explain and visualize. The Almighty
Allah states in the Glorious Qur'â® Sura Baqara (The Cow) 2:183 the meaning
of which is translated as:?
Oh you who believe! Fasting is prescribed to you as it was prescribed to
those before you, that you may (learn) self-restraint?.
Performing Hajj, pilgrimage also has a special wisdom as the
Almighty Allah states in the Glorious Qur'â® Sura Hajj (Pilgrimage) 22:28
the meaning of which is translated as:?
That they may witness the benefits (provided) for them, and celebrate the
name of Allah, through the Days Appointed, over the cattle which He has
provided for them (for sacrifice): then eat you thereof and feed the
distressed ones in want?.
Moreover, all acts of worship in Islam are able to be performed.
Average person is capable of performing and observing all acts of worship
that Allah (subhanahu wa ta'ala) obliged man to observe as obligatory
duties. Islam is a natural and practicable religion. The Almighty Allah
never prescribed a duty that man is unable to render or maintain on a
regular basis. Allah (subhanahu wa ta'ala) means well for His creatures. He
never means to impose any hardship or difficulties on them. The Almighty
Allah states in the Glorious Qur'â® Sura Baqara (The Cow) 2:185 the meaning
of which is translated as:?
Allah intends every facility for you; He does not want to put you to
difficulties?.
In support of this Allah's Messenger (peace and blessings of
Allah be upon him) says:?
If I command you to do any activity, do as you can afford?[45].
Such acts of worship, however, are either completely exempted,
or at least sustained with concession in the events of hardships. This
permission does not provide any excuse to render the acts of worship. For
instance, standing is required to perform daily-prescribed prayer. I f a
worshipper is unable to offer prayer by standing up, he may offer it sitting
sown. If a worshipper is not able to perform prayer sitting down, he/she may
offer prayer lying down on the side of the body or on his back, or in a way
that is suitable and comfortable to his situation. If a worshipper is not
able to maintain his prayer in any of the above situations, he may point
out, blinking his eyes, and still offers an acceptable form of prayer, by
indicating his motions for standing up, bowing, prostration and sitting
down. Similarly, a male Muslim is to offer his daily-prescribed prayer in a
group, with the congregation (preferably the first call) in the Masjid. This
rule, however, is no longer a requirement, because of fear of harm,
intensity of cold, rain, snow or similar other conditions. Furthermore, it
is incumbent to perform ablution prior to offering a prayer. This
requirement is waived if the water in extinct. In fact, a Muslim who cannot
find accessible water may perform a Tayam-mum (Dry Ablution) instead and
still offers his prayer exactly as if he performs ablution with water.
Additionally, a menstruated or an after birth confined Muslim woman is
exempted to offer a prayer while in her menses or bleeding until she is
completely free of bleeding. Yet, such a Muslim woman in these conditions is
not required to make up prayers they missed.
A Muslim, male or female, who does not possess Nisab, (The
requisite amount on the basis of which it is obligatory to pay Zakah) is not
required to pay any Zakah dues.
An old person who is unable to observe fasting, and a sick
person who also cannot observe fasting conveniently are exempted from
fasting. They have to pay its atonement. Atonement is to feed a person for
one meal for each day not fasted. Similarly, a traveler may break his fast
while travelling, as travelling involves hardship and fatigue. Furthermore,
a woman in her menses or a woman after childbirth and still bleeding, is not
to fast until she is completely free of all bleeding. Such a woman, however,
is to make up days of missed fasting.
Hajj, pilgrimage is not obligatory to a person who is incapable
to perform it either due to physical inability or lack of financial
abilities. However, a person who is financially capable to perform Hajj but
physically is incapable, must pay someone else to serve him as substitute,
on his behalf, to perform Hajj. A financially incapable person, however, is
not required to observe this obligatory pillar of Islam until he becomes
financially capable to perform it. Such person must have sufficient funds to
satisfy his and his family needs. This is based upon the instruction of the
verse of the Glorious Qur'⮬ Sura Al-Imran 3:97 the meaning of which is
translated as:?
In it are Signs manifest; (for example), the Station of Abraham; whoever
enters it attains security; pilgrimage thereto is a duty men owe to Allah,
those who can afford the journey; but if any deny faith, Allah stands not in
need of any of His creatures?.
If a person faces the shortage of lawful food and is on the
brink of death, he is allowed to take even unlawful food items (meat of the
dead animal, pork and wine). However, he must take the least possible
quantity to sustain his life breaths. This rule is also based upon the
instructions of the verse of the Glorious Qur'⮬ Sura Baqarah (The Cow) 2:
173 the meaning of which is translated as:?
He has only forbidden you dead meat, and blood, and the flesh of swine, and
that on which any other name has been invoked besides that of Allah. But if
one is forced by necessity, without willful disobedience, nor transgressing
due limits, then is he guiltless. For Allah is Oft-Forgiving, Most Merciful?.
Sayyid Qutub, the well-known scholar, comments on this verse, "
This is the belief, or religion, that acknowledges the humanity as a human
being. Man is neither looked upon as a pure angel with angelic abilities,
nor dealt with as devil. Man is dealt with according to his actual physical
abilities. All weakness points are taken into consideration as it comes to
obligatory matters of worship. Main points of strength, however, are well
taken into consideration as well, when it comes to all types of obligatory
acts of worship in Islam. Moreover, man is looked at, and treated as a whole
unit. Man's soul, physical needs, nature, desires, mental abilities,
emotional abilities and other needs are all taken into consideration when he
is required to perform any obligatory, or even voluntary, acts of worship.
All these are kept in harmony of a fine quality. No hardships are imposed,
no burdens are placed and nothing above reach is required of man".
A Believing Muslim is required to acquire full faith in the
"Names" and "Attributes" that Allah (subhanahu wa ta'ala) has given Himself,
or those attributed to Him by His Prophet and Messenger (peace and blessings
of Allah be upon him). A human being is not to attribute any name or quality
to Allah that neither Allah (subhanahu wa ta'ala) nor His Prophet and
Messenger attributed to Him. He must not offer any undue explanation, or
offer any similitude or shape to express his opinion concerning these Names
and Attributes of Allah (subhanahu wa ta'ala). This is based on the verse of
the Glorious Qur'â® Sura Shura (Consultation) 42:11 the meaning of which is
translated as:?
There is nothing whatever like unto Him, and He is the One that hears and
sees (all things)?.
Human being must acquire full and total submission to the Will
of Allah. This is expressed through willing obedience to all the Commands of
Allah (subhanahu wa ta'ala). This is based on the instruction of the verse
of the Glorious Qur'â® Sura Ahzab (The Confederates) 33:36 the meaning of
which is translated as:?
It is not fit for a Believer, man or woman, when a matter has been decided
by Allah and His Messenger, to have any option about their decision: if
anyone disobeys Allah and His Messenger, he is indeed on a clearly wrong
Path?.
A Muslim must acquire a full and pure love of Allah (subhanahu
wa ta'ala) as well as His Prophet and Messenger (peace and blessings of
Allah be upon him). This love should dominate the love of other beings. This
directive is based on the instructions of the verse of the Glorious Qur'â®
Sura Tawbah (The Repentance) 9: 24 the meaning of which is translated as:?
Say: If it be that your fathers, your sons, your brothers, your mates, or
your kindred; the wealth that you have gained; the commerce in which you
fear a decline; or the dwellings in which you delight - are dearer to you
than Allah, Or His Messenger, or the striving in His cause - then wait until
Allah brings about His decision: and Allah guides not the rebellious?.
2. The Rights towards Prophet Mohammed (peace and blessings of Allah be upon
him)
In short, these rights may be put in the following declaration, "Mohammed (peace and blessings of Allah be upon him) is the slave servant Messenger of Allah (subhanahu wa ta'ala)". This declaration requires the following:
- Belief in the universality of the Message of Prophet Mohammed to the
entire humanity. Islam is not oriented to a specific category of people,
as it was the case with previous Prophets and Messengers (peace and
blessings of Allah be upon him). This is derived from the verse of the
Glorious Qur'â® Sura A'raf (The Heights) 7:158 the meaning of which is
translated as:?
Say: Oh men! I am sent unto you all, as the Messenger of Allah, to Whom
belongs the dominion of the heavens and the earth: there is no god but He:
it is He that gives both life and death. So believe in Allah and His
Messenger, the unlettered Prophet, who believed in Allah and His Words:
follow him that (so) you may be guided?.
- Belief that Allah's Messenger and Prophet, Mohammed (peace and
blessings of Allah be upon him) is fully protected against possible human
errors. Similar is the belief that the Prophet (peace and blessings of
Allah be upon him) never made any omission or commission in delivering the
complete Message of Allah (subhanahu wa ta'ala). This is based on the
verse of the Glorious Qur'â® Sura al-Najm 59:3 the meaning of which is
translated as:?
Nor does he say (ought) of (his own) Desire?.
- Acquire complete belief that Prophet Mohammed (peace and blessings of
Allah be upon him) is the Final Prophet and Messenger of Allah (subhanahu
wa ta'ala) to mankind. Yet, he (peace and blessings of Allah be upon him)
is the best of all the Prophets and the Messengers (peace and blessings of
Allah be upon him) and that there is no Prophet or Messenger at all to
come after him (peace and blessings of Allah be upon him). This is based
on the verse of the Glorious Qur'â® Sura Ahzab (The Confederates) 33:40
the meaning of which is translated as:?
Muhammad is not the father of any of your men, but (he is) the Messenger
of Allah, and the Last of the Prophets?.
- Acquire complete belief that the religious duties and Divine Commands
to mankind are complete and that the Prophet (peace and blessings of Allah
be upon him) has delivered the Message of Allah (subhanahu wa ta'ala) in
its entirety. Furthermore, the Prophet and the Messenger of Allah (subhanahu
wa ta'ala) has given the best advice to his Ummah, nation and the best
guidance to do all good and to avoid all evils. This is based on the verse
of the Glorious Qur'â® Sura al-Maedah (The Table) 5:3 the meaning of which
is translated as:?
This day have those who reject Faith given up all hope of your religion:
yet fear them not but fear Me. This day have I perfected your religion for
you, completed My favor upon you, and have chosen for you Islam as your
religion. But if any is forced by hunger, with no inclination to
transgression, Allah is indeed Oft-Forgiving, Most Merciful?.
- Acquire full belief that the laws enunciated in Islam are accepted as
approved in the Sight of Allah (subhanahu wa ta'ala). All types of worship
must hinge on and revolve around these divine laws. Human actions will not
be accepted, Allah knows best, unless and until they are in conformity
with these divine laws. This is based on the contents of the verse of the
Glorious Qur'â® Sura al-Imran 3:85 the meaning of which is translated as:?
If anyone desires a religion other than Islam (submission to Allah), never
will it be accepted of him; and in the Hereafter he will be in the ranks
of those who have lost (all spiritual good)?.
- A Believer must render full compliance to the commands of the Prophet
(peace and blessings of Allah be upon him). At the same time, he must
strive to avoid any act of disobedience. This is based on the instruction
of the verse of the Glorious Qur'â® Sura al-Hasher (The Gathering) 59:7
the meaning of which is translated as:?
So take what the Messenger assigns to you, and deny yourselves that which
he withholds from you. And, fear Allah; for Allah is strict in Punishment?.
- A Muslim must demonstrate full acceptance, tolerance and satisfaction
of any verdict passed by Allah's Prophet and Messenger (peace and
blessings of Allah be upon him). This is based on the instruction of the
verse of the Glorious Qur'â® Sura al-Nisa (The Women) 4:65 the meaning of
which is translated as:?
But no, by Your Lord, they can have no (real) Faith, until they make thee
judge in all disputes between them, and find in their souls no resistance
against thy decisions, but accept them with the fullest conviction?.
- A Muslim must follow all Sunnah, and the authentic traditions that
Allah's Messenger and Prophet (peace and blessings of Allah be upon him)
passed throughout his life. No one has any authority to alter, add or omit
any of the Sunnah traditions of Allah's Prophet and Messenger (peace and
blessings of Allah be upon him). This is based on the instruction of the
verse of the Glorious Qur'â® Sura al-Imran 3: 31 the meaning of which is
translated as:?
Say: If you do love Allah, follow me: Allah will love you and forgive you
your sins; for Allah is Oft-Forgiving, Most Merciful?.
- A Believer must uphold the status of honor and dignity bestowed by
Allah to His Prophet (peace and blessings of Allah be upon him). No one
has the right to exaggerate his status. This is based on the statement of
the Prophet (peace and blessings of Allah be upon him):?
Do not praise me more than I deserve. Allah (subhanahu wa ta'ala) created
me as a slave-servant before calling me a Prophet, Messenger?[46].
- A Muslim must offer proper greeting to Allah's Prophet and Messenger
(peace and blessings of Allah be upon him)every time his name is invoked.
This is based on the instruction of the verse of the Glorious Qur'â® Sura
al-Ahzab (The Confederates) 33:56 the meaning of which is translated as:?
Allah and His Angels send blessings on the Prophet: Oh you who believe!
Send your blessings on him, and salute him with all respect?.
- A Believer must acquire true love and affection of the Prophet and the
Messenger of Allah (peace and blessings of Allah be upon him) above all
others. This is because of the grace, favor and blessings that the Prophet
(peace and blessings of Allah be upon him) brought forth for in the terms
of guidance to the true religion of Allah (subhanahu wa ta'ala). This is
based on the instruction of the verse of the Glorious Qur'â® Sura al-Tawbah
(The Repentance) 9:24 the meaning of which is translated as:?
Say: If it be that your fathers, your sons, your brothers, your mates, or
your kindred; the wealth that you have gained; the commerce in which you
fear a decline; or the dwellings in which you delight -are dearer to you
than Allah, or His Messenger, or the striving in His cause- then wait
until Allah brings about His decision: and Allah guides not the
rebellious?.
- A Muslim must devote every possible effort and opportunity available to him to call others to the Message of Mohammed (peace and blessings of Allah be upon him). This must be done and performed with full wisdom. Inform the unaware, teach the ignorant, strengthen the faith of people with wavering faith, and all must be done with a great level of wisdom. This is based on the instruction of the Glorious Qur'â® Sura al-Nahl (The Bees) 16:125 the meaning of which is translated as:? Invite (all) to the Way of thy Lord with wisdom and beautiful preaching; and argue with them in ways that are best and most gracious: for Your Lord knows best, who have strayed from His Path, and who receive guidance?. In addition, this is based on the statement of Allah's Prophet and Messenger (peace and blessings of Allah be upon him):? Deliver on my behalf even one verse?[47].
3. Rights towards Other Prophets and Messengers
According to Islam, a belief of a Muslim is not considered complete unless
declares a full faith in the truth of all the previous Prophets and
Messengers of Allah (subhanahu wa ta'ala). A Muslim must believe that all
the previous Prophets and Messengers were sent for specific groups of people
at specific period of history. The missions and messages of these Prophets
were unlike Islam. The Message of Islam and the Prophet Muhammad (peace and
blessings of Allah be upon him) is universal and for all times and climes
until the Day of Judgement. This is also based on the instruction of the
verse of the Glorious Qur'⮬ Sura Baqarah (The Cow) 2:285 the meaning of
which is translated as:?
The Messenger believes in what has been revealed to him from his Lord, as do
the men of faith. Each one (of them) believes in Allah, His angels, His
Books, and His Messengers. We make no distinction (they say) between one and
another of His Messengers. And they say:We hear, and we obey, (we seek) Thy
forgiveness, our Lord, and to Thee is the end of all journeys?.
As pointed out earlier, Muslims must invite others to the
Message of Islam as a way of life and as part of duty. Muslims are required
only to deliver the Message of Islam to others, and not to force it on
others or compel others to accept it. This is based on the instructions of
the verse of the Glorious Qur'â® Sura al-Kahf (The Cave) 18:29 the meaning
of which is translated as:?
Say, The Truth is from your Lord: Let him who will, believe, and let him who
will, reject (it)?.
4. The Rights of Parents
The rights of parents mean, in short, their total obedience. This obedience
must not contradict the obedience of Allah's Commands. It also involves
being equally kind to both parents in terms of gifts and care. Additionally,
a son or daughter must secure necessary items for parents in terms of food,
clothing and proper shelter (with him and his family in the first place
whenever possible). Moreover, a son or daughter must demonstrate all
humility and respect to both parents equally. A Muslim believing son or
daughter must not show any arrogance against his both parents. A son or
daughter must demonstrate all patience and perseverance when serving both
his/her parents, equally. A son/daughter must show every possible
consideration to the feelings and the emotions of his/her parents equally.
This is based on the instruction of the verse of the Glorious Qur'â® Sura
Isra (Night Journey) 17:23 the meaning of which is translated as:?
Your Lord has decreed that you worship none but Him, and that you be kind to
parents. Whether one or both of them attain old age in your life, say not to
them a word of contempt, nor repel them, but address them in terms of honor?.
This is also based on the directive of Allah's Prophet and
Messenger (peace and blessings of Allah be upon him) saying:?
Allah's Pleasure (with man) is based on the pleasure of both parents (with
their child). Similarly, the Wrath of Allah (with a person) is also based
upon the anger of the parents of such a child?[48].
Moreover, both parents are entitled for such right even if they
are not Muslims so long as they do not command their children to do any act
of disobedience of Allah (subhanahu wa ta'ala). This is based on the
instruction of Allah, Messenger (peace and blessings of Allah be upon him)
reported by Aeshah (may Allah be pleased with him), 'My mother, while still
not Muslim, came to visit me. I asked Allah's Prophet (peace and blessings
of Allah be upon him) concerning her visit (and how to treat her while
visiting me) and said, My mother is eager to visit with me. Should I (or
should I not) extend my courtesy (as a host) to her? He (peace and blessings
of Allah be upon him) said, Mother, must be given priority in terms of
kindness, sympathy, good feelings, love and affection. This is based on the
advice of Allah's Prophet (peace and blessings of Allah be upon him):?
A man came to Allah's Prophet (peace and blessings of Allah be upon him) and
asked him, Oh Prophet of Allah! Who is the most worthy and deserving person
of my companionship? He (peace and blessings of Allah be upon him) replied,
Your mother. The man further asked, Then who is next (in terms of receiving
best of companionship)? The man asked, who is next worthy person of my
companionship? Allah's Messenger replied, your mother. The man asked [for
the third time] who is next? Allah's Messenger replied, It is your mother.
The man asked [the fourth time], who is next? Allah's Messenger replied,
Then is your father. Then the next in kin?[49].
Thus, we notice that Allah's Messenger (peace and blessings of
Allah be upon him) assign the mother with a three-fold portion of the right
of companionship, while offered the father only one share. This is because,
Allah knows best, due to the fact that mothers suffer lot of hardships as it
is not the case with the fathers. The mother raises, bears and extends
parental care to the child. Additionally, it is based on the instructions as
given the verse of the Glorious Qur'⮬ Sura Ahqaf 46:15 the meaning of
which is translated as:?
We have enjoined on man kindness to his parents: in pain did his mother bear
him, and in pain did she give him birth?.
Mothers bear their child in the fetus for nine months. Fetus
imposes in his nutrition on mother's food while in embryo. Mothers also
suffer greatly with labor and delivery process. Then, mothers suffer further
for caring of the child after birth as well.
5. The Rights of Husband towards His Wife
Financial and other means of care: A husband has the right of home
management and direction. A husband, although a leader, but is not tyrant
governor. A husband has the authority to see that family's interests are
best served. This is based on the instructions of the verse of the Glorious
Qur'⮬ Sura Nisa (The Women) 4:34 the meaning of which is translated as:?
Men are the protectors and maintainers of women, because Allah has given the
one more [strength] than the other, and because they support them from their
means?.
Furthermore, the husband, as a man, is more rational in
resolving issues of family life. Wife, as a woman, is emotional in general.
A wife is required to obey the commands and instructions of her
husband so long as these do not involve any act of disobedience to Allah's
Command, and the Prophet's directives. This is in response to the
instruction of Allah's Messenger (peace and blessings of Allah be upon him)
based upon Aeshah's question to him:?
Whose right is greatest on a woman? He (peace and blessings of Allah be upon
him) replied spontaneously, replied spontaneously. Similarly, when Allah's
Messenger (peace and blessings of Allah be upon him) was asked, whose right
is greatest on a man? He (peace and blessings of Allah be upon him) replied,
It is his own mother?[50].
A wife must not impose on her husband things that he cannot
afford, or ask him for things that he is not capable to produce. A woman is
also required to protect the wealth, the children and the lineage [by
protecting herself and being completely chaste.] Additionally a wife must
not leave her husband's home without his prior knowledge and approval. A
wife is also, not allowed to let any person whom the husband hates, or
dislikes to see in his home. This is based on the instructions given by
Allah's Messenger (peace and blessings of Allah be upon him):?
The best of woman is that whom if you look at her you will be pleased (to
see), if you command her [to perform any lawful action] will obey you, and
if you are absent, or away from her (house) she will protect and preserve
your wealth and lineage?[51].
6. The Rights of Wife towards Her Husband
Dowry: A wife is entitled for a dowry from her husband. A marriage
contract is incomplete without it. A dowry is not to be forfeited, even if
the wife forgives, except after the marriage contract is concluded. Upon
completion of a marriage contract a wife may forfeit her right for dowry.
This is based upon instructions of Allah (subhanahu wa ta'ala) in the
Glorious Qur'⮬ Sura Nisa (The Women) 4:4 the meaning of which is
translated as:?
And give the women (on marriage) their dower as a free gift; but if they, of
their own good pleasure, remit any part of it to you, take it and enjoy it
with right good cheer?.
Equality and Fairness: These two principles are applied
if a husband is having two or more wives. The wives of one man are entitled
for fairness and equality of the husband. Thus, the husband who is married
to more than one wife must provide equally to all his wives. We must offer
them the same housing conditions, the same or comparable clothing and must
offer them equal time to spend with each one of them. Otherwise, such a
husband is doing injustice and he becomes unfair. This is based on the
instruction of Allah's Messenger (peace and blessings of Allah be upon him):?
He who acquires two wives and does not treat them both equally (or justly),
on the Day of Judgement (such a husband) will appear with a slanted
(paralyzed) side (of both of his sides: right or left)?[52].
Financial Support: A husband is required to provide
financial support to his wife, family and children. The husbands are
required to provide suitable housing and living condition to their
household. The husbands must provide all essential and basic requirements
for his wife (wives) and the entire household and family members' living
expenses, medical care, clothing and all basic needs. The husbands must
provide to their families within their means and limits. This is based on
the instructions of the verse of the Glorious Qur'⮬ Sura al-Talaq (The
Divorce) 65:7 the meaning of which is translated as:?
Let the man of means spend according to his means: and the man whose
resources are restricted, let him spend according to what Allah has given
him. Allah puts no burden on any person beyond what He has given him. After
a difficulty, Allah will soon grant relief?.
Equal time and intimate relationships: One of the most
important rights of a wife towards her husband is to secure and provide a
satisfactory level of intimate relationship and spend a fare amount of time
with him and his family members. Islamic laws and teachings persist on his
principle and capitalize heavily on it. This right of the wife, wives and
family members must be fully maintained. A wife needs an affectionate
husband to take care of her and fulfill her basic living needs. Otherwise,
if the man does not provide necessary care and affections, the resultant
situation may lead to destroy the marriage, May Allah protect.
Protection of all the secrets of the wife: A husband must
not disclose any of his wife's deficiencies or shortcomings. A husband must
keep all what he sees and hears from his wife as a treasured secret that
should not ever be disclosed or become a public consumption. All intimate
relationship between a husband and wife in Islam must be cherished,
protected and never be disclosed in public for any reason. Marital
relationships are sacred relationships according to Islam and must not be
tampered with. This is based on the instructions of Allah's Messenger (peace
and blessings of Allah be upon him):?
One of the worst positions in the sight of Allah on the Day of Judgement is
that of a man [husband] who will have an intimate relationship with his
[lawful] wife and then either of them discloses the secrets of his partner
[spouse] in public?[53].
Fair and kind treatment: A husband must extend just
treatment to his wife/wives and household. A husband must demonstrate care,
kindness and solve any problem within his means. A husband must forbear the
deficiencies, temper of his wife and her shortcomings in order to seek the
Pleasure of Allah I in both worlds. A husband must consult with his
wife/wives concerning their life and future needs and plans. A husband must
not demonstrate an authoritative opinion or a dominant attitude all the
times. It is not necessary that decision of the husband must prevail all the
time. A husband is required to secure and provide for his wife/wives and
household all means of loving, peaceful and caring environment at home and
outside. A husband is required to demonstrate his true love to his
wife/wives and family members. A husband must be kind, considerate with his
wife and children. This is based on the instructions of Allah's Messenger
(peace and blessings of Allah be upon him):?
The most complete faith of Believers are those who posses the best of
character [attitudes and behavior]. Moreover, the best among you [Muslim]
are those who are best to their wives?[54].
Protection and Preservation: A husband must not place his
wife or family members, or expose them to any dangerous or vicious
situations. A husband must not allow his wife or family members to be in
evil environment. This is based on the instructions of the verse of the
Glorious Qur'⮬ Sura Tahreem 66:6 the meaning of which is translated as:?
Oh you who believe! Save yourselves and your families from a Fire whose fuel
is Men and Stones, over which are (appointed) angels stern (and) severe, who
flinch not (from executing) the Commands they receive from Allah, but do
(precisely) what they are commanded?.
A husband must protect the private wealth, properties and
personal financial assets of his wife. A husband must not take or abuse
any of her personal funds without her prior approval. A husband must not do
any transaction, which concerns his wife's finances without her consent.
7. The Rights to Children
Children's rights are numerous. Essentially, they have the right to a decent
and peaceful life as well as to good and worthy names. In addition, they are
entitled to necessities of life, which includes affordable house and lawful
food. In addition, they are entitled to useful education and proper
upbringing. A such, they must receive good moral character as well as
protection against all possible vices and bad habits such as: lying,
cheating, theft, jealousy, deception and unkind attitudes towards parents.
This is based on instructions given by Allah's Messenger (peace and
blessings of Allah be upon him):?
It is a sufficient sin to put to waste, those whom you support [this means,
not to provide every possible care and proper upbringing]?[55].
Furthermore, children are entitled for a just and equal
treatment. No child should be given priority or any type of preference over
the others in terms of gifts, grants, ownership or inheritance. Similarly,
all children must be equally treated in terms of kind treatment and good
behavior. An unfair treatment to children may result in bad behavior towards
either or both parents in old age. Any unfair treatment to children may also
causing hatred towards one another. This is based on the instruction of
Allah's Messenger (peace and blessings of Allah be upon him) when a man came
to ask him,
? Oh
Prophet of Allah! I want you to offer a share to one of my children and I
want you to be a witness for that. Upon hearing this man's request, Allah's
Messenger asked, Are you offering the gift to all of your children? The man
who asked replied, No. I am not! Allah's Messenger commented, Then, seek
someone else to witness your gift as I will not witness to an unjust and
unfair situation. Be mindful [and Fear] of Allah. Be fair, just and equal in
treatment of your children?[56].
8. The Rights towards Relatives
Relatives or kindred have special importance. Islam exhorts kind attention
to them. A wealthy Muslim, male or female, is obliged to assist his/her
relatives. Priority should also be given to the near and the dear ones.
Extended family members are next recipients of such kind treatment.
According to the teachings of Islam, a Muslim must share the concerns of his
kindred. Equally, he should share the pains and gains of his relatives. This
is based on the instruction of the verse of the Glorious Qur'â® Sura Nisa
(the Women) 4:1 the meaning of which is translated as:?
Oh Mankind! Reverence your Guardian-Lord, who created you from a single
person, created, of like nature, his mate, and from them twain scattered
(like seeds) countless men and women; fear Allah, through Whom you demand
your mutual (rights), and (reverence) the wombs (that bore you): for Allah
ever watches over you?.
In fact, Islam urges Muslims to be kind, to his family relatives
although they are unkind to him. A Muslim is instructed to forgive his
family members, even if they are revengeful to him. A Muslim is required to
maintain closer relationships with his family members and even though they
react contrary. This is based on the instructions of Allah's Messenger
(peace and blessings of Allah be upon him):?
A person who establishes a good wrapper with his family members is not the
"Rewarded". The real good communicator [with his family relatives] is the
person who is good to his relatives when they boycott his relationships with
him?[57].
Furthermore, Islam warned against boycotting the relationships
with relatives and family members. Such sins fall in the category of major
sins in Islam. This is based on the instructions of the verse of the
Glorious Qur'⮬ Sura Muhammad (peace and blessings of Allah be upon him),
47:22 the meaning of which is translated as:?
Then, is it to be expected of you, if you were put in authority, that you
will do mischief, in the land, and break your ties of kith and kin? Such are
the men whom Allah has cursed for He has made them deaf and blinded their
sight?.
[29] Bukahri and Muslim, al-lulu wal-Marjan, Hadith No.884.
[30] Ibn Majah, Hadith No. 3423.
[31] Ibn abid-Dunya.
[32] Mosnad Ahmad, Hadith No.3946.
[33] Ibid., Hadith No.9588.
[34] Bukhari, Hadith No.2348.
[35] Bukhari, Hadith No.3036.
[36] AbuDaoud, Hadith No. 2050.
[37] Abu Dawoud, Hadith No.2263 and Nasaiee, 6:179.
[38] Zihar is the practice of saying to one's wife, 'You are
declared unlawful to me like the back of my mother is.' This is an unlawful
practice in Islam, which is banned from pre-Islamic Jahiliyyah society.
[39] This is a known title in the pre-Islamic Jahiliyyah society given
to the person, or a group of people who surrender themselves as loyal
followers to a tribe or a clan, although they do not belong to them, for the
sake of protection and seeking their support. Those individuals do not have
the same class, category or rights as the original tribe or clan members.
[40] AbuDaoud,6:181.
[41] Abu Dawoud, Hadith No.1984 and Tirmithee Hadith No.2091.
[42] Tirmithee.
[43] AbuDaoud, Hadith No.3477.
[44] Sahih Bukahri, Hadith No.2238 and Sahih Muslim, Hadith No.2586.
[45] Sahih Bukahri, Hadith No.1337.
[46] Tabranee.
[47] Bukhari, Hadith No.3461 and Tirmithee, Hadith No.2669.
[48] Trimithee, Hadith No.1962.
[49] Bukhari Hadith No.2227, Muslim Hadith No.2584 and Tirmithee, Hadith
No.1959.
[50] Al-Hakem.
[51] Ibn Majah, Hadith No.1862.
[52] Nasaiee,7:63.
[53] Muslim, Hadith No.1437.
[54] Trimithee, Hadith No.1162.
[55] Abu Dawood, Hadith No.1692.
[56] Bukhari and Muslim, Lulu and Morjan, Hadith No.149.
[57] Bukhari, Hadith No.5645.
A Word on Public Rights and Duties
Islam instructs Believers to share the concerns and the trials of his Muslim
brethren all over the world and assist them to the possible extent. His
support to his fellow-Muslims is not confined to any specific locality. In
fact, it is universal. It disregards all geographical barriers. This is
based on the instructions of Allah's Messenger:?
A Believer to the other is like the bricks of one building. A brick tightens
and straightens the other. Allah's Messenger (peace and blessings of Allah
be upon him), upon saying this statement, mingled the fingers of both his
hands?[58].
Furthermore, Islam directs a Muslim to entertain good faith to
his fellow Muslim brethren. This is based on the instructions given by
Allah's Messenger (peace and blessings of Allah be upon him):?
Avoid suspicion. Suspicion is the worst lie. Do not follow the bad news,
shortcomings and deficiencies of your Muslim brethren. Do not spy upon your
Muslim brethren. Do not compete [with evil minds and intentions] against
your Muslim brethren. Do not hate your Muslim brethren. Do not turn away
from your Muslim brethren [when they are in need for your help and
assistance]. Oh slave servants of Allah! Be [good] brethren to one another,
as He (subhanahu wa ta'ala) commanded you to be. A Muslim is a brother to
another Muslim. A Muslim must be just to his Muslim brother. A Muslim must
not let him down and forsake his assistance. A Muslim must not discern or
expose his Muslim brethren [in any possible way or mean]. Every thing that a
Muslim possesses is unlawful for other Muslims to use [without prior
approval of the owner] or abuse [for no due right]. Piety [Righteousness] is
in here, pointing out to his chest [for heart] (peace and blessings of Allah
be upon him). Piety is here. It is a sufficient evil for a Muslim to expose
his Muslim brother. Everything that a Muslim owns or possess is unlawful for
another Muslim [to tamper with]; his blood [i.e. killing on another], his
protected items [in terms of dignity, honor and family members], and his
wealth or possessions. Truly, Allah (subhanahu wa ta'ala) does not care to
look at your bodies, shapes or forms, but rather He (subhanahu wa ta'ala) is
concerned with your hearts, deeds and actions?[59].
This is also based upon another guidelines of Allah's Messenger
(peace and blessings of Allah be upon him) that declares:?
A Muslim will not become a fully true Believer until he likes for others
what he likes for himself?[60].
These public rights however are common to all members of the
Islamic society as in the following subsctions:
1. The Rights of a Ruler towards the Public
This right is simply based on the contents of the verse of the Glorious
Qur'⮬ Sura Nisa (The Women) 4:59 the meaning of which is translated as:?
Oh you who believe! Obey Allah, and obey the Messenger, and those charged
with authority among you?.
The followings are some of the directives required from a Muslim
to observe:
- Obedience to the ruler so long as he does not command to do an evil
act. This is based on the instructions of Allah's Messenger (peace and
blessings of Allah be upon him):?
Listen and obey, even if a slave man from Ethiopia has been appointed [as
a ruler] so long as he acts according to the Divine Book of Allah?[61].
- Therefore, a Muslim ruler's obedience, who is acting in accordance
with the Divine Book of Allah, is an extension to the obedience of Allah (subhanahu
wa ta'ala) , and vise versa. Any act of disobedience to the commands of a
ruler, who is acting in accordance to the Book of Allah (subhanahu wa
ta'ala) , is, in reality, an act of disobedience to Allah (subhanahu wa
ta'ala).
- Extending and offering a sincere advice: A Muslim leader must be
offered sincere advice for the welfare of the community. A Muslim ruler
must be given good counsel that benefits him, the community and the entire
nation. A Muslim ruler must be reminded about the essential needs that are
lacking for public. This is based on the directives in the Glorious Qur'⮬
Sura Taha 20:44 the meaning of which is translated as:?
But speak to him mildly; perhaps he may take warning or fear (Allah)?.
The followers and peoples must support a Muslim ruler during crises.
Muslim is commanded to comply with their leader/governor and not forsake
him and not even provoke people against him in order to instigate troubles
and evils. Aside from the fact that one has not given his pledges of
allegiance to that ruler, he must not defect from a leader during
troublesome times. This is based on the instruction of Allah's Messenger
(peace and blessings of Allah be upon him):?
If a person comes to you, while a single leader, attempting to split your
unity, then kill him?[62].
2. Rights of the People towards the Government
The Muslims in an Islamic state have certain rights towards their
government. These rights may be summarized as follows:
Absolute Justice: This entails that every person is to be
given his fair treatment in the Islamic society. All individuals who are
entitled for specific rights may be given their due rights. All individuals
who are required to perform certain duties must be treated fairly and
without any bias. Responsibilities among individuals must also be
distributed justly and fairly. No individual, class of people, category of
group, or section must be given any priority or any type of preference over
the others. This is based on the instructions given by Allah's Messenger
(peace and blessings of Allah be upon him):?
The most beloved to Allah (subhanahu wa ta'ala) on the Day of Judgement, and
the closest to Him (subhanahu wa ta'ala) is a just ruler/governor or judge.
Similarly, the most hateful to Allah (subhanahu wa ta'ala) and the most
distant from Him (subhanahu wa ta'ala) is an assertive and tyrant ruler?[63].
Consultation: People have the right to be consulted.
People in an Islamic society have the right to be consulted on issues that
concern their economic and social affairs. However, consultation should be
done in an ordinary form. Public must be given the opportunity to express
their viewpoints and ideas concerning issues related to the Islamic
community and society. Such viewpoints may be accepted if they serve public
interest. This is based on the event when Allah's Messenger (peace and
blessings of Allah be upon him) did take the advice of his Companion. One of
the regular ordinary Muslims asked the Messenger during the Battle:?
Oh Prophet of Allah. Is this a place that Allah (subhanahu wa ta'ala)
commanded you to camp at, and we have no choice of changing it?
Alternatively, is it the war strategy and plan? Allah's Messenger (peace and
blessings of Allah be upon him) replied promptly:No. It is not. But, it is
rather my war strategy. The man who asked suggested:Oh Prophet of Allah!
This is not the right choice of place for the fighting camp. Let us search
for the closest water reservoir to our enemies and camp there. Thus, we must
bury all other water resources [if we can]. Then, we must build a basin or a
water reservoir for our party. Then, we can start the battle. We will have
the access to water, but our enemies will not. Thus we can drink and use the
available water while our enemies cannot. Allah's Messenger (peace and
blessings of Allah be upon him) commented: You have certainly given the best
advice?[64].
Islamic ruling: The basis for the Islamic ruling and
legal rulings is Shariah, Islamic law. The constitution of the Muslim ruler
must be based on Qur'⮬ Sunnah, and all of the Islamic judicial sources.
There should be no room for personal opinion if an authenticated text is
available. Spontaneous opinions may prove errors at times, although it may
be productive at other times. Here is an incident where the second Caliph
Omar bin Al-Khattab (may Allah be pleased with him), after he became the
ruler of Muslims, addressed the man who killed his own brother, Zaid bin Al-
Khattab (may Allah be pleased with him) whose name is Abu Maryann al-Saloole,
saying, 'By Allah! I shall not love you until the earth [becomes] in love
with blood [meaning that this is impossible]. The killer asked, 'would this
prevent me from obtaining any of my rights [as a Muslim]?' Omar (may Allah
be pleased with him) promptly replied: 'No.' The killer commented: [I guess]
only woman weep for love! 'Don't you worry!'.
Open door policy: A Muslim ruler must not have a close
door policy. A Muslim governor must not be aloof and distant from his
people. A Muslim governor must not assign middle people who are partial
choosing some people to permit to see the governor, while preventing others.
This is based on the instructions of Allah's Messenger (peace and blessings
of Allah be upon him):?
Whosoever is entrusted with leadership over Muslim's affairs, yet hides away
from them and does not respond to their needs, Allah (subhanahu wa ta'ala)
will hide Himself away from such a governor on the Day of Judgement, causing
him to suffer his own poverty and need?[65].
Mercy for people: A Muslim ruler must be kind and
merciful to his people and people. He must not overburden them beyond their
abilities. A Muslim governor must not make it difficult for his people to
live and survive in the society. A Muslim governor must treat an elder man
like a father, a youngster like a son and a person of equal age as brother.
A Muslim governor must be respectful to the elders, kind, merciful to the
youngsters, and considerate to individuals of his age group. This is based
on the instructions given in the verse of the Glorious Qur'⮬ Sura Al-Imran
3:159 the meaning of which is translated as:?
It is part of the Mercy of Allah that you deal gently with them. Were you
severe or harsh-hearted, they would have broken away from about you: so pass
over (their faults), and ask for (Allah's) forgiveness for them; and consult
them in affairs (of moment)?.
It is also based on the guidelines given by Allah's Messenger
(peace and blessings of Allah be upon him):?
Those who are merciful [and kind to other] may Allah be Merciful [and kind]
to them. Be [kind and] merciful to people on earth, then Allah (subhanahu wa
ta'ala) will be [more] merciful to you?[66].
In fact, Omar bin al Khattab (may Allah be pleased with him) the
second Muslim Caliph once said, 'By Allah! Has a female mule tripped in
Iraq, I was afraid to be asked by Allah (subhanahu wa ta'ala) [on the Day of
Judgement], " Oh Omar! Why did not you pave the way for the she mule.
3. Rights towards Neighbors
Allah (subhanahu wa ta'ala) ordained in the Glorious Qur'â® Sura Nisa
(Women) 4:36 the meaning of which is translated as:?
Serve Allah, and join not any partners with Him; and do good to parents,
kinsfolk, orphans, those in need, neighbors who are near neighbors who are
strangers, the companion by your side, the wayfarer (you meet) and what your
right hands possess: for Allah loves not the arrogant, the vainglorious?.
Allah's Messenger (peace and blessings of Allah be upon him)
illustrated the rights of a neighbor as follows:?
Do you know what are rights of a neighbor? [They are as follows], If a
neighbor seeks your help, extend it to him. If a neighbor asks you for a
loan, lend him [if you have it.] If your neighbor becomes poor, then help
him financially and attend to his poverty if you can. If your neighbor
becomes ill, then visit him [checking on his health and situation.] If your
neighbor is happy on certain gain, then congratulate him. If your neighbor
is suffering a calamity, then offer him condolence. If your neighbor dies,
then be at his funeral [if you can.] Do not raise your building over his
building causing him a lack of sun exposure, or wind passage. Do not bother
your neighbor with the smell of your cooking, unless you intend to offer him
some [of the cooked food.] If you buy fruits [while he does not have the
means to buy, or not] then offer him a little present of the fruit. If you
do not want to offer him a present of your fruit, then bring it in the house
[in an unnoticeable way.] Do not permit your child, later, to carry the
fruit you bought and drag his son and tease him with it?[67].
Furthermore, Islam classifies neighbors into three categories as
follows:
- A relative neighbor. This type of neighbor has three rights
over you the right of kin, the right of neighbor and the right of Islam.
- A Muslim neighbor has two rights: the right of a neighbor and
the right of Islam.
- A non-Muslim neighbor however enjoys only the right of being a neighbor. Abdullah bin Omar (may Allah be pleased with him) , a well-known leading Companion and scholar of Islam, came home once. He found that his family members have slaughtered a sheep. He, immediately asked, 'Did you offer some of the sheep's meat as a present to our Jew neighbor? As I heard Allah's Messenger (peace and blessings of Allah be upon him) saying:? Angle Gabriel (peace and blessings of Allah be upon him) continued to recommend me to be kind to my neighbor until I thought that he is going to let him be a heir [of my inheritance]?[68].
4. Rights to the Friends
Friends do enjoy certain rights according to Islam. This is based on the guiding directives of Allah's Messenger (peace and blessings of Allah be upon him):? The best of friend and the best of neighbors is the best to them?[69].
5. Rights to the Poor
The poor and the needy enjoy rights in the Islamic society. In fact, Allah (subhanahu
wa ta'ala) praises those who spend for His cause in order to help the poor
and the needy in the Islamic society. This is based on the instructions of
the verse the Glorious Qur'⮬ Sura al-Ma'arej 70:24-25 the meaning of which
is translated as:?
And those in whose wealth is a recognized right. For the (needy) who asks
and him who is prevented (for some reason from asking)?.
Islam regards the charity given to the poor and the needy as the
best deeds. Moreover, Islam warns those who conceal and save up their wealth
and do not spend for the cause of Allah (subhanahu wa ta'ala). This is based
on the verse in Qur'⮬ Baqarah (The Cow) 2:177 the meaning of which is
translated as:?
It is not [considered an act of] righteousness that you turn your faces
towards East or West. But it is righteousness to believe in Allah and the
Last Day, and the Angels, and the Book, and the Messengers; to spend of your
substance, out of love for Him, for your kin, for orphans, for the needy,
for the wayfarer, for those who ask, and for the ransom of slaves; to be
steadfast in prayer, and practice regular charity, to fulfil the contracts
which you have made; and to be firm and patient, in pain (or suffering) and
adversity, and throughout all periods of panic. Such are the people of
truth, the God-fearing?.
For this reason Zakah was prescribed as one of the basic tenants
of Islam. Zakah is a set percentage of the accumulated income that is saved
for one year. Muslims, willingly, offer the due amount, in obedience to
Allah's Commands. They pay it to the poor and the needy. Zakah is obligatory
upon those who possess the appropriate amount on which Zakah is due. This is
based on the verse Allah (subhanahu wa ta'ala) stated in the Glorious Qur'⮬
Sura al-Bai-yinah (The Evidence) 98:5 the meaning of which is translated as:?
And they have been commanded no more than this: to worship Allah, offering
Him sincere devotion, being True (in faith); to establish regular Prayer;
and to practice regular Charity; and that is the Religion right and
Straight?.
If a Muslim denies the payment of Zakah he/she will be declared
as a Disbeliever. Furthermore, if a Muslim refuses, openly and publicly, to
pay the due amount of Zakah to the deserving individuals, a Muslim ruler
must wage war against such people until they pay it properly. Refusing to
pay the due Zakah will harm the needy and the poor section of people in the
Islamic society who are entitled to this right. Based on this, Abu Bakr (may
Allah be pleased with him), the second Muslim rightly guided Caliph, waged
war against the group who rejected Zakah and refused to pay it. Abu Bakr
(may Allah be pleased with him), declared his popular statement, 'By Allah!
Have those rejecters of Zakah, refused to pay the value of a leach, which
they offered before to the Prophet (peace and blessings of Allah be upon
him), I shall fight them for it [i.e., until they pay the full due amount]'.
Zakah is prescribed with the following principles and
conditions:
- Zakah payer must possess 'Nisab', the appropriate amount as stipulated
in the Islamic Shariah. This amount must be over and above the needs of
the owner. The basic needs are defined as food, shelter, transportation
and proper clothing.
- A period of one-year [i.e., 365 days], must pass while the owner maintains this amount in his possession, and he is in no need for it to pay for his essential needs. If less than a year passes Zakah will not be required.
Islam defines the types of people who are entitled to receive
Zakah. This is based on the verse in the Glorious Qur'â® Sura al-Tawbah (The
Repentance) 7:60 the meaning of which is translated as:?
Alms are for the poor and the needy, and those employed to administer the
(funds); for those whose hearts have been (recently) reconciled (to the
truth); for those in bondage and in debt; in the cause of Allah; and for the
wayfarer: (thus is it) ordained by Allah, and Allah is full of knowledge and
wisdom?.
Zakah is estimated at %2.5 of the total unused funds for one
year. Islam imposes Zakah in order to uproot poverty from the Islamic
society, treat the resulting problems stemming from poverty such as: theft,
murder, attacking people and their properties. In addition, it revives the
mutual social welfare and support among members of the Islamic society.
Furthermore, Zakah is used to fulfil the needs of the needy, the destitute
and to pay the debts of those who in debts and are not able to pay their
debts for a sound and legitimate reason. Moreover, the payment of Zakah
purifies one's heart, soul and wealth as well. An owner of a wealth will
become less greedy and niggardly when he/she pays this due amount to the
poor and needy people in the society. Furthermore, a payer will become less
keen to possess and own selfishly, forgetting his poor. The Almighty Allah
states in the Glorious Qur'â® Sura al-Taghabun 64:16 the meaning of which is
translated as:?
And those saved from the covetousness of their own souls; they are the ones
that achieve prosperity?.
In addition, Zakah purifies the hearts of those who are less
affluent. The poor and the needy will have less hatred, jealousy and
bitterness against the rich and wealthy class of people of the society. For,
they notice that they are paying their dues and sharing concerns to their
poor brethren.
The Almighty Allah warns those who refuse to pay their due Zakah
against a severe punishment. The Almighty Allah states in the Glorious
Qur'â® Sura Al-Imran 3:180 the meaning of which is translated as:?
And let not those who covetously withhold of the gifts which Allah has given
them of His Grace, think that it is good for them: nay, it will be the worse
for them; soon shall the things which they covetously withheld be tied to
their necks like a twisted collar, on the Day of Judgment. To Allah belongs
the heritage of the heavens and the earth; and Allah is well-acquainted with
all that you do?.
6. Rights to the Laborers
Islam has defined a set of rules and regulations on labor and the labor
force. An employer, according to Islamic teachings, must establish kind
relationships with his employees and labor work force. Such a relationship
must be based on equality, goodwill and brotherhood of Islam. This is based
on the Hadith of Allah's Messenger (peace and blessings of Allah be upon
him):?
Your workers are your brethren. The Almighty Allah placed them under you
[for your services]. Whosoever has one [of his brethren] under him [working
for him] must feed him of what he eats, clothe him of what he clothes
himself and do not assign them to do what they cannot do. If you do, then
help them?[70].
Furthermore, Islam upholds the honor and the dignity of the
workers. Allah's Messenger (peace and blessings of Allah be upon him) is
reported to have said:?
The best [or most pure] of income is that which results from honest [and
sincere] labor?[71].
Moreover, Islam requires an employer to declare the wages to the
worker before the worker embarks on the required work
[72].
Allah's Messenger (peace and blessings of Allah be upon him) has
assured the rights of the worker and his wages he is going to receive.
Allah's Messenger (peace and blessings of Allah be upon him) is reported to
have said:?
I am the adversary of three [types of] people on the Day of Judgement. ?and
a man who employs a worker but does not pay him his [full] wages?
[73].
In fact, Allah's Messenger (peace and blessings of Allah be upon
him) has instructed employers to pay the wages of his worker before his
sweat dries out
[74]. Moreover, Allah's Messenger (peace and blessings of Allah be upon
him) orders employers not to assign their workers what they are unable to
do. If they do assign them, however, they should either help them
physically, or support them financially, with over time, per se.
7. Rights to the Employers
Islam equally requires workers to maintain good relation with their employer. Islam requires workers to fulfil their duties towards their employer to the best of their abilities and talents. Workers must not neglect, or harm, their employer or his work in any way. Allah's Messenger (peace and blessings of Allah be upon him) is reported to have said:? the Almighty Allah likes a worker to be perfect in his work?[75].
8. Rights towards Other Creatures
All pet animals kept must be well fed, decently cared for and kindly
treated. Allah's Messenger (peace and blessings of Allah be upon him) is
reported to have said:?
A woman was made to enter the fire of Hell because of a cat. She locked the
cat until the cat died. The woman did not feed the cat, or offered it water
to drink and neither permitted her to roam around eating what it can find?[76].
All animals must be well treated according to Islamic teachings.
Load-carrying animals must not be over-loaded in such a manner that they
cannot bear the load. Animals must not be tortured, hurt or beaten for any
reason. Allah's Messenger (peace and blessings of Allah be upon him) is
reported to have said:?
the Almighty Allah curses a person who burns an animal for marking?[77].
Islam prohibits people to set an animal a live target, causing
the poor and innocent animal to be tortured. It is reported that Ibn Omar
(may Allah be pleased with him) passed by a group of the Korishites
young-men who set a bird as an aiming target. Ibn Omar (may Allah be pleased
with him) asked about the person who did so. Then commented, 'May Allah
curse the person who set this bird as an aiming target.' In that, Ibn Omar
(may Allah be pleased with him) referred to the Hadith of Allah's Messenger
(peace and blessings of Allah be upon him):?
May Allah curse a person who sets a living being as an aiming target?[78].
Islam condemns people who mutilate animals after killing them [for no
justifiable reason]
[79].
Islam also forbids frightening animals or harming them. This is
based on the Hadith reported by Ibn Masoud (may Allah be pleased with him),
'We were in a group in the company of Allah's Messenger (peace and blessings
of Allah be upon him). He (peace and blessings of Allah be upon him) went
away to answer the call of nature. While he was away, we noticed a female
bird, along with two little birds of hers. We took the two little birds. The
mother bird hovered over Allah's Messenger (peace and blessings of Allah be
upon him). When Allah's Messenger (peace and blessings of Allah be upon
him)returned back, he noticed what we had done. He (peace and blessings of
Allah be upon him) asked:?
Who was the one who abducted the two little birds of this mother bird
causing her to be sad and mournful? Return the two little birds to their
mother?[80].
Islam, furthermore, commands to ease the slaughtering of a live
animal, which is slaughtered for eating. In fact, Islamic teachings prevent
a Muslim slaughterer to sharpen his knife before the sight of the animal to
be slaughtered, or while other animals are watching. Furthermore, animals,
which are to be killed, must not be broken by the neck or even skinned
before they die completely. However, Islam dictates that some harmful
animals and/or insects are to be killed. This is so because the human being
comes in the first place among all other creatures. Man's life in the Sight
of Allah (subhanahu wa ta'ala)is sacred and significant. Man is the most
honorable creation in the Sight of Allah (subhanahu wa ta'ala). Therefore,
if the animals' rights are important in the Sight of Allah (subhanahu wa
ta'ala), the rights of the human being in His Sight are more important. As
pointed out earlier, man is the crown of the creation. The Almighty Allah
states in the Glorious Qur'â® Sura Isra (The Night Journey) 17:70 the
meaning of which is translated as:?
We have honored the sons of Adam; provided them with transport on land and
sea; given them for sustenance things good and pure; and conferred on them
special favors, above a great part of Our Creation?.
Islam, in fact, emphasizes merciful treatment to animals. In
fact, Islam regards kind treatment to animals and other helpless creatures
as one of the cause expiating sins and be admitted to the Almighty's Jannah,
Paradise. Furthermore, Allah's Messenger (peace and blessings of Allah be
upon him) is reported to have said:?
While a man[81]
was on his way [crossing a desert] he suffered a tremendous thirst. In
search for water, he found a well. He climbed down the well [with
difficulty], drank his fill and came out. At the top of the well, the man
noticed a stray dog, which was licking the dirt out of severe thirst. The
man thought to himself: I believe this dog is suffering the same thirst I
suffered [if not more]. Not finding any utensil to fill water with for the
crying thirsty dog, the man took off his shoe, climbed down the well again,
filled his shoe with water, holding the shoe by his teeth, the man climbed
up the well again. At the top of the well, the man offered the thirsty dog
whatever water he could gather in his shoe. The Almighty Allah, looking down
with Mercy at this man and what he did for the stray thirsty dog, He
appreciated what the man had done of a good action and pardoned his sins.
The Companions who were present with the Prophet (peace and blessings of
Allah be upon him) inquired, Oh Messenger of Allah! Are we rewarded for what
we do for animals? He (peace and blessings of Allah be upon him) replied:
Yes, indeed. There is a reward for [any good action] you do [to help] a
living and breathing animal?[82].
As for plants and trees, Islam permits to benefit from the fruit
of trees. However, Islam forbids cutting a tree, pulling it or even breaking
their branches for no sound reason. If there is no need to cut off a tree,
one should not cut it. On the contrary, Islam commands preserving trees,
particularly in any reproduction process or activities and help increase
growing more trees. This is based on the Hadith reported by Imam Ahmad that
Allah's Messenger (peace and blessings of Allah be upon him) said:?
If the Hour [the Day of Judgement] took place [and you recognize the Event],
while a man is holding a palm-tree seedling [to plant in the dirt], let him,
if he can, plant it [in the soil] before leaving this life?[83].
Moreover, Islam considers the act of planting useful plants and
beneficial trees as one of the good deeds for which a man is blessed and
rewarded for. This is based on the Hadith reported of Allah's
Messenger(peace and blessings of Allah be upon him):?
Never a Muslim plants a tree [or a plant] of which birds, human beings or
even animals eat of, but a reward [good deed] is recorded [or given] to the
planting person?[84].
Islam, furthermore, regulates certain rights, even for roadside
and public passages. Allah's Messenger (peace and blessings of Allah be upon
him) is reported to have said:?
Avoid [at any cost] sitting on roadsides [or sidewalks]?. The
Companions, who were present at the time, commented, 'Oh Messenger of Allah!
Roadsides [sidewalks] are outlets for us where we can sit, enjoy and talk.
We cannot avoid them. Allah's Messenger (peace and blessings of Allah be
upon him) upon hearing this comment replied:?
If you cannot avoid sitting on sidewalks, then, you must offer the sidewalks
their due rights?. The Companions then inquired, 'Oh Messenger of
Allah! What are the rights of the sidewalks?' Allah's Messenger (peace and
blessings of Allah be upon him) replied:?
You must lower your gaze [when a female crosses or passes by], you should
avoid causing any harm to any one, you should return the greetings [if a
passer-by greets you], you should enjoin good and forbid evil?[85].
In addition, Allah's Messenger (peace and blessings of Allah be
upon him) is reported to have said:?
Removing any harmful items of the road is a charitable act [which is
rewarded and cherished by Allah]?[86].
Besides, Allah's Messenger (peace and blessings of Allah be upon
him) is reported to have instructed:?
Avoid the two curse causing items. [acts, when done, cause a curse to be
offered against the doer]?. The Companions, who were present at the
time, inquired, 'Oh Messenger of Allah! What are these curse causing
items?'Allah's Messenger (peace and blessings of Allah be upon him) replied:?
These are, the person who answers the call of nature on the public passages
[or pedestrians], and the person who answers the call of nature [urinates or
relieves oneself] in shady places where people seek rest [and enjoyment]?[87].
However, if these rules or rights were not enforced, they would
have remained ideals and dreams only in the minds of people. If there is no
authority to enforce, they will remain only utopian ideals. Some persons are
inclined to non-compliance of such commands. They need an authority to exert
power. It is reported that Allah's Messenger (peace and blessings of Allah
be upon him) said:?
You should stop an ignorant person from doing evil. You should force such an
ignorant person to enjoin good, or else, Allah (subhanahu wa ta'ala) shall
soon expedite a speedy punishment against you?. The Almighty Allah
therefore, in order to preserve and maintain such human rights in the
Islamic society, has revealed unto His Messenger pertinent commandments.
Allah (subhanahu wa ta'ala) commands not to exceed these limits.
Furthermore, Allah (subhanahu wa ta'ala) set punishments and laws, which are
known as Hudood (prescribed punishments) or capital punishment, or even
impose a specific punishment in the Hereafter [in the next world] in terms
of a severe torture in the Hellfire.
We will list below only a few of the commandments of "Do's"
and "Don't" that Islam established:
Islam bans killing or murdering any human being. Islam
categorizes such an act as 'one of the major sins in Islam'. This is based
on the verse in the Glorious Qur'â® Sura Isra (The Night Journey) 17:33 the
meaning of which is translated as:?
Nor take life, -which Allah has made sacred-, except for just cause. And, if
anyone is slain wrongfully, We have given his heir authority (to demand
Qisas or to forgive): but let him not exceed bounds in the matter of taking
life; for he is helped (by the law)?.
Islam prohibits any acts of aggression against the honor, the
dignity and the privacy of people. In fact, such acts of aggression are also
known as major sins in Islam. The Almighty Allah states in the Glorious
Qur'â® Sura Isra (The Night Journey) 17:32 the meaning of which is
translated as:?
Nor come nigh to adultery: for it is a shameful (deed) and an evil, opening
the road (to other evils)?.
Islam, further, bans all types of actions that are categorized
as shameful acts, or a mean to promote indecencies in a society. Therefore,
all acts that lead to such indecent acts are also banned according to Islam.
The Almighty Allah states in the Glorious Qur'â® Sura An'am (The Cattle)
6:151 the meaning of which is translated as:?
Say: Come, I will rehearse what Allah has (really) prohibited you from: join
not anything as equal with Him; be good to your parents; kill not your
children on a plea of want -We provide sustenance for you and for them- come
not nigh to shameful deeds, whether open or secret; take not life, which
Allah has made sacred, except by way of justice and law: thus does He
command you, that you may learn wisdom?.
Allah (subhanahu wa ta'ala)prohibits all types of aggression
against the wealth and properties of others. Therefore, all forms of theft
and cheating or else are banned in Islam. This is based on the Hadith of
Allah's Messenger (peace and blessings of Allah be upon him):?
Whosoever, cheats us is not one of us?[88].
Usury is also banned in Islam. The Almighty Allah states in the
Glorious Qur'â® Sura Baqarah (The Cow) 2:275 the meaning of which is
translated as:?
That is because they say: Trade is like usury, but Allah has permitted trade
and forbidden usury?.
Furthermore, Allah (subhanahu wa ta'ala) forbids all kinds of
deception and betrayals. The Almighty Allah states in the Glorious Qur'â®
Sura Anfal (War Booties) 7:27 the meaning of which is translated as:?
Oh you that believe! Betray not the trust of Allah and the Messenger, nor
misappropriate knowingly things entrusted to you?.
Additionally, Islam controls monopoly. This is based on the
Hadith of Allah's Messenger (peace and blessings of Allah be upon him):?
None monopolizes but a wrong doer?[89].
Islam, further, bans all types of bribery and kickbacks. This is
based on the Hadith of Allah's Messenger (peace and blessings of Allah be
upon him):?
May Allah (subhanahu wa ta'ala) curse both the payer of bribe and receiver
its?
[90].
Similar prohibitions are imposed on the devious and illegal
means through which money is taken. The Almighty Allah states in the
Glorious Qur'â® Sura al-Baqarah (The Cow) 2:188 the meaning of which is
translated as:?
And do not eat up your property among yourselves for vanities, nor use it as
bait for the judges, with intent that you may eat up wrongfully and
knowingly a little of (other) people's property?.
Islam, further, condemns the abuse of power, position and
authority to obtain personal gains. In fact, Islam empowers the ruler to
reclaim all assets taken through abusive means and deposited to the Islamic
treasury. This is based on the Hadith of Allah's Messenger (peace and
blessings of Allah be upon him):?
Allah's Messenger (peace and blessings of Allah be upon him) told a man
called Ibn-ul-Lutbiyyah, who was assigned as Zakah collector, when the
collector divided the Zakah income into two sections, one for the Islamic
treasury and the other [claimed] for him as gifts and presents, which were
offered and given to him [the collector]. Allah's Messenger (peace and
blessings of Allah be upon him) became very upset upon hearing this from the
collector. Allah's Messenger (peace and blessings of Allah be upon him)
stood up on the pulpit and praised the Almighty Allah [in a due form], then
said, 'I assign some of you to perform duties that Allah (subhanahu wa
ta'ala) entrusted me with. Then, the assignee comes back saying, This
[section] is yours and this section [of the Zakah collected] was given as a
gift to me. Why not such a person [Zakah collector] sits in his father's or
mother's home and [wait and] see if people will offer him any gift or
presents? By Allah! In Whose Hand my soul is, if a person [the Zakah
collector] gets any item of the collected Zakah will bring it, on his neck
[and shoulders] on the Day of Judgement?[91].
Islam prohibits all forms of intoxicants that affect the minds
or brains of users. This is based on the verse in the Glorious Qur'â® Sura
al-Maidah (The Table) 5:90 the meaning of which is translated as:?
Oh you who believe! Intoxicants and gambling, (dedication of) stones, and
(divination by) arrows, are an abomination of Satan's handiwork: eschew such
(abomination), that you may prosper?.
Islam further prohibits all types of injuries to any person or
animal such as beating and other vices such as backbiting, tattle-telling,
false testimony, etc. This is based on the verse in the Glorious Qur'â® Sura
al-Ahzab (The Confederates) 33:58 the meaning of which is translated as:?
And those who annoy believing men and women undeservedly, bear (on
themselves) a calumny and a glaring sin?.
In addition, Islam upholds the dignity and honor of others. As
such, it despises slandering them. The Almighty Allah states in the Glorious
Qur'â® Sura Hujurat (The Chambers) 48:12 the meaning of which is translated
as:?
Oh you who believe! Avoid suspicion as much (as possible): for suspicion in
some cases is a sin: and spy not on each other , nor speak ill of
each other behind their backs. Would any of you like to eat the flesh of his
dead brother? Nay, you would abhor it. However, fear Allah: for Allah is
Oft-Returning, Most-Merciful?.
In addition, the Almighty Allah states in the Glorious Qur'â®
Sura al-Noor (The Light) 24:27-28 the meaning of which is translated as:?
If you find none in the house, enter not until permission is given to you:
if you are asked to go back, go back: that makes for greater purity for
yourselves: and Allah knows well all that you do?.
Further, Islam prohibits all kinds of injustice done towards or
against one's own soul. This is based on the verse in the Glorious Qur'â®
Sura al-Nahl (The Bees), 16:90-91 the meaning of which is translated as:?
Allah commands justice, the doing of good, and liberality to kith and kin,
and He forbids all shameful deeds, and injustice and rebellion: He instructs
you, that you may receive admonition. Fulfil the Covenant of Allah when you
have entered it, and break not your oaths after you have confirmed them:
indeed, you have made Allah your surety; for Allah knows all that you do?.
In addition, in a Hadith Qudsi (Divine), Allah (subhanahu wa
ta'ala)says:?
Oh My slave servants! I have banned injustice for Myself. I have declared
injustice unlawful among you [people]. Therefore, do not do [or cause] any
act of injustice to one another?[92].
In fact, Allah (subhanahu wa ta'ala)disapproves injustice done
even to those who differ with Muslims in faith and religion. Allah (subhanahu
wa ta'ala) has demanded Muslims to be kind and fair to non-Muslim residents
in an Islamic society. The Almighty Allah states in the Glorious Qur'â® Sura
al-Momtahanah 60:8 the meaning of which is translated as:?
Allah forbids you not, with regard to those who fight you not for (your)
Faith nor drive you out of your homes, from dealing kindly and justly with
them: for Allah loves those who are just?.
Islam forbids challenging the beliefs of non-Muslims, as this
provokes other party to exchange reciprocal challenges. Consequently, this
will produce animosity, hatred and dislike between them. This is based on
the verse in the Glorious Qur'â® Sura al-An'am (The Cattle) 6:108 the
meaning of which is translated as:?
Revile not you those whom they call upon besides Allah, lest they out of
spite revile Allah in their ignorance?.
Instead, Allah (subhanahu wa ta'ala)instructed Muslims to use a
fair and well-matured dialogue with such people. This is based on the verse
in the Glorious Qur'â® Sura al-Imran, 3:64 the meaning of which is
translated as:?
Say: Oh People of the Book! Come to common terms as between us and you: that
we worship none but Allah; that we associate no partners with Him; that we
erect not, from among ourselves, Lords and patrons other than Allah. If then
they turn back, say you: Bear witness that we (at least) are Muslims (bowing
to Allah's Will)?.
Islam, further, bans all type of social, political and moral
corruption and mischief. This is based on the verse in the Glorious Qur'â®
Sura al-A'raf (The Heights) 7:56 the meaning of which is translated as:?
Do no mischief on the earth, after it has been set in order, but call on Him
with fear and longing (in your hearts): for the Mercy of Allah is (always)
near to those who do good?.
Islam, also, disapproves the conversion of non-Muslims to Islam
by force. The Almighty Allah states in the Glorious Qur'â® Sura Yunus, 10:99
the meaning of which is translated as:?
If it had been thy Lord's Will, they would all have believed, all who are on
earth! Will you then compel mankind, against their will, to believe!?.
Of course, this does not mean that Muslims should not call
others to join the Islamic monotheistic faith by delivering the Message of
Allah to people. Nevertheless, Muslims call to Islam in a wise, kind and
good manner in order to introduce Islam to people. Islam, in reality, has an
international mission and it is neither regional nor ethnical call. Thus,
Muslims are obliged to deliver the Message of monotheistic Islam to all
people who are not Muslims, but never to compel them by force to join Islam.
The real guidance is in the Hands of Allah I alone and not in the hands of
people.
Islam commands people to run their government with consultation.
In fact, consultation is one of the essential principles of Islam. Of
course, the principle of consultation is operative in situations, which are
characterized with the extinction of legal external sources, Qur'â® and
Sunnah. This principle is established, Allah (subhanahu wa ta'ala) knows
best, in order to let people feel and enjoy their legitimate and legal
rights in the Islamic society. The Almighty Allah states in the Glorious
Qur'â® Sura al-Shura (The Consultation) 42:38 the meaning of which is
translated as:?
Who (conduct) their affairs by mutual consultation?.
In fact, Allah (subhanahu wa ta'ala)emphasizes the importance of
the application of the consultation principle in the Islamic society in
order that it would become a model way of life. The Almighty Allah states in
the Glorious Qur'â® Sura al-Imran, 3:159 the meaning of which is translated
as:?
It is a part of the Mercy of Allah that you deal gently with them. Were you
severe or harsh-hearted, they would have broken away from about you: so pass
over (their faults), and ask for (Allah's) forgiveness for them; and consult
them in affairs (of moment). Then, when you have taken a decision, put your
trust in Allah. For Allah loves those who put their trust (in Him)?.
Islam commands that all relative rights be given to their
deserving people. Islam also calls for full justice among people. The
Almighty Allah states in the Glorious Qur'â® Sura al-Nisa (The Women) 4:58
the meaning of which is translated as:?
Allah does command you to render back your Trusts to those to whom they are
due; and when you judge between man and man, that you judge with justice:
verily how excellent is the teaching which He gives you! For Allah is He Who
hears and sees all things?.
Islam commands people to assist an oppressed even with the use
of force. This is based on the verse in the Glorious Qur'â® Sura al-Nisa
(The Women) 4:75 the meaning of which is translated as:?
And why should you not fight in the cause of Allah and of those who, being
weak, are ill-treated (and oppressed)? Men, women, and children, whose cry
is: Our Lord! Rescue us from this town, whose people are oppressors; and
raise for us from thee one who will protect; and raise for us from thee one
who will help!?.
In view of the fact that there are certain categories of people,
as pointed out earlier, who will never be good without applying force
against them, Islam establishes an executive system or authority. Such a
system will assure that all individuals are enjoying their relative rights
in the Islamic society. Moreover, this system will monitor and govern the
execution of such rights and prevent any aggression in the Islamic society.
Furthermore, this system has the right to apply appropriate punishment
against aggressors and the violators of the laws in the Islamic society. The
following chapters is a summary of the various Islamic systems, which are
the components of overall executive system.
[58] Bukhari, Hadith No.5680 and Muslim, Hadith No.2585.
[59] Muslim, Hadith No.2563.
[60] Bukhari, Hadith No.13.
[61] Muslim, Hadith No.1838.
[62] Muslim, Hadith No.1852.
[63] Thirmithee, Hadith No.1329.
[64] Ibn Hisham Biography of the Prophet (peace and blessings of Allah
be upon him).
[65] Abu Dawood, Hadith No.2948.
[66] Abu Dawood, Hadith No.4941 and Tirmithee, Hadith No.1924.
[67] Al-Kharaitee.
[68] Tirmithee, Hadith No.2007.
[69] Tirmithee, Hadith No.2009.
[70] Bukahri, Hadith No.5702.
[71] Mosnad Ahmad, Hadith No.8419.
[72] Baihaqi and Abdul Razzaq in al-Mosannaf.
[73] Bukahri, Hadith No.2114.
[74] Ibn Majah, Hadith No.2468.
[75] AbuYa'la and Baihaqi.
[76] Bukahri, Hadith No.5702 and
Muslim, Hadith No.1661.
[77] Bukhari, Hadith No.2236 and Muslim, Hadith No.2110.
[78] Bukahri, Hadith No.5196 and Muslim, Hadith No.1958.
[79] Bukahri, Hadith No.5196.
[80] AbuDaoud, Hadith No.5268.
[81] Another narration states that this person was a female Jewish
prostitute.
[82] Bukahri, Hadith No.5663.
[83] Mosnad Ahmad, Hadith No.12901.
[84] Muslim, Hadith No.2195.
[85] Bukhari, Hadith No.2121 and Muslim Hadith No.2333.
[86] Bukhari, Hadith No.2827.
[87] Muslim, Hadith No.269.
[88] Muslim, Hadith No.164.
[89] This Hadith is reported by Muslim.
[90] This Hadith is reported by Ibn Hibban.
[91] Bukahri, Hadith No.6772 and Muslim, Hadith No.1832.
[92] Muslim, Hadith No.2577.
The Judicial System in Islam
It is an independent administrative system in the Islamic government. It is oriented to resolve all types of legal disputes among people. Islam is a system that ensures to guarantee relative rights of the public. The system also assures the establishment of justice among people stops oppression and punishes the oppressors. The Islamic system follows the directives of Allah (subhanahu wa ta'ala) and the Sunnah, (traditions) of the Prophet (peace and blessings of Allah be upon him). There are specific criteria to applying for a position in the Islamic judicial system. The following is a digest list of the criteria requirements:
- The applicant must be a mature, sane and mentally capable.
- The applicant must be fit and healthy in order to surmount the
difficulties and challenges of his job.
- The applicant must be well educated and informed about the Shari'ah
Islamic rulings and the principles of lawful and unlawful in Islam. In
addition, such a person must have the ability and the sense to
differentiate between lawful and unlawful matters. In addition, he should
have the ability to deduce, assess and offer verdicts in both worldly and
religious spheres.
- The applicant must enjoy an honorable, dignified, honest and high moral character. In addition, the applicant must not possess ignoble reputation. He should be a man of upright conduct so that his judgements are well accepted by the parties in dispute.
Moreover, every individual in the Islamic society, regardless
of his faith or religious belonging, position or social status, enjoys
certain rights. The following is a concise list of such rights:
The right to seek judgement against oppressors. An individual
may sue his oppressor to the judicial courts.
Disputing parties: the plaintiff and the defendant must have
equal hearings before the judge. This is based on the Hadith of Allah's
Messenger (peace and blessings of Allah be upon him):?
Whosoever is tested [in his life] to become a judge among Muslims, must be
just [and fair] in statement, pointing and seating?[93].
Additionally, this is based on the Hadith of Allah's Messenger
(peace and blessings of Allah be upon him), instructing Ali (may Allah be
pleased with him) when he commissioned him as a judge saying:?
Surely, Allah (subhanahu wa ta'ala) shall guide your heart and fasten your
tongue [to the truth]. When the plaintiff and the defendant sit before you
do not issue a verdict for one until you hear the statement of the other as
you heard the first?[94].
According to Islam, every one is, essentially, innocent unless
proven guilty. This is based on the Hadith of Allah's Messenger (peace and
blessings of Allah be upon him):?
If people are given [judgements] based on their claims [and statements
alone]. You will see people claiming that others killed [their relatives] or
possessed their wealth. However, the defendant must offer an oath?[95].
Baihaqee's report, however, says:The evidence must be produced
by the plaintiff and an oath must be offered by the defendant'.
Islam grants rights to the suspect. The accusation on suspicion
does not deprive the suspect from his due rights. A suspect may not be
forced against his will to say, do or behave in any way. A suspect must not
be tortured by any mean. A suspect must not be subjected to any violence,
cruelty or hardships in order to force him to give any confession. This is
based on the Hadith of Allah's Messenger (peace and blessings of Allah be
upon him):?
Allah (subhanahu wa ta'ala) puts down [forgiven] the following items of my
Ummah, nation [they are not responsible]: error, forgetfulness and whatever
they are forced to do [against their own will]?[96].
It is, further, reported that the second caliph, Omar bin al-Khattab
(may Allah be pleased with him) stated:" If you cause a [suspect] person to
be hungry, frightened or imprisoned, do not expect him to be safe and not to
confess against his own soul"[97].
Islam affirms personal responsibility. This means no one is to
be held responsible for the faults of others. Accusation, suspicion,
harassment and punishment must be confined to the guilty person. His family
members should not share his indicted penalty. This is based on the verse in
the Glorious Qur'â® Sura Fussilat 41:46 the meaning of which is translated
as:?
Whoever works righteousness benefits his own soul; whoever works evil, it is
against his own soul: nor is Your Lord ever unjust (in the least) to His
Servants?.
Moreover, this is based on the Hadith of Allah's Messenger
(peace and blessings of Allah be upon him):?
No one should be taken [guilty] for the wrong doing of his brother or
father?[98].
Islam prescribes specific code of conduct for judges that should
be observed. The letter sent by the second Caliph, Omar bin al-Khattab (may
Allah be pleased with him) to one of the assigned judges provides
guidelines. The letter states:?
From the second Caliph, Omar bin al-Khattab, the salve servant of Allah to
Abdullah bin Qais. Peace be unto you. Sentencing judgements among
[disputing] people is a precise and obligatory act that should be followed
and executed properly. You should [try your best to] understand the people
present before you. Furthermore, [realize that] none will benefit from a
right that is not [properly] executed. Give equal looks and seating to
[disputant] people in your court so as an influential person may not think
to take advantage because of his [super] status. Moreover, a weak person
will not despair of [obtaining] justice in your court. The plaintiff must
present a proof of evidence. A defendant must take an oath if rejected and
denied the claim of the plaintiff. Disputing people may choose to compromise
between one another. However, no compromise is acceptable if it renders an
unlawful item lawful or vices versa. If you pass a judgement one day, but
upon reviewing it on the next, you discover that you made a mistake and the
right sentence is not what you passed as a verdict before, then [reopen the
case] and pass the right sentence. You should realize that returning to the
right sentence and judgement is [much] better than indulging deeper in the
falsehood. Try to understand the confusing matters that have no text to
support them either from Qur'â® or from Sunnah, traditions of the Prophet
(peace and blessings of Allah be upon him). You should study the resembling
rulings, sentences and similar cases, then assess according to these after
obtaining a proper knowledge. Try to choose the most beloved items to Allah
and those, which are closest to the truth. Offer a chance to a plaintiff who
claims a matter that is not currently present by setting a definite time for
him to prove it. If such a plaintiff produces his proof of evidence,
adjudicate the case in his favor. If not, then judge against his case. [You
must know that] all Muslims are trustworthy insofar as the testimony is
concerned, except for a person who is lashed for committing any shameful act
in the Islamic society, or a person who is known for false testimonies, or a
person who is either a relative or distantly related to the plaintiff. [You
should also know that] Allah (subhanahu wa ta'ala) takes care of all hidden
secrets of people and helps you [to judge] by using proofs of evidence.
Furthermore, you must not worry, become intolerant, or complain by disputing
people for rightful matters where Allah reward for being patient and pleased
with the results. [You must also know that] if a person has a good innersole
with Allah (subhanahu wa ta'ala) , Allah will [surely] improve the relations
of that man with the public?[99].
For more information on this subject, please refer to the
reference books on adjudication in Islam.
[93] This Hadith is reported by Darqatnee and Baihaqee.
[94] Abu Dawoud, Hadith No.3582.
[95] Bukahri, Hadith No.1711 and Muslim, Hadith No.4277.
[96] Ibn Majah, Hadith No.2053.
[97] This statement is reported by Abu Yusuf in his book al-Kharaj.
[98] Nasaiee, 8:53.
[99] Tirmithee, Hadith No.3472.
Hosbah, Accountability System in Islam
Hosbah is a voluntary accountability system in Islam. The essential purpose
of Hosbah is to establish Shari'ah in the Islamic society. Hosbah uses the
method of enjoining good and forbidding evil to enforce Shari'ah. Shari'ah
will discipline those who publicly commit shameful practices, immoral
activities and the like. Moreover, Hosbah people will monitor any illegal
practices, such as cheating, selling, promoting, and pushing illegal or
banned items and goods. Hosbah also scrutinizes the monopolization of basic
needs of the people. Moreover, Hosbah monitors and follows up on damaged
public facilities in order to reconstruct properly and protect the
individuals against physical injuries. All these voluntary activities of
Hosbah are based on the verse in the Glorious Qur'â® Sura al-Imran 3:110 the
meaning of which is translated as:?
You are the best of Peoples, evolved for mankind, enjoining what is right,
forbidding what is wrong, and believing in Allah?.
Hosbah also implies fearing the punishment of Allah (subhanahu
wa ta'ala). This is based on the verse in the Glorious Qur'â® Sura al-Maidah
5:78-79 the meaning of which is translated as:?
Curses were pronounced on those among the Children of Israel who rejected
Faith, by the tongue of David and of Jesus, the son of Mary, because they
disobeyed and persisted in Excesses. Nor did they (usually) forbid one
another the iniquities, which they committed: evil indeed were the deeds,
which they did?.
Every individual in the Islamic society should take an active
role in Hosbah, enjoining what is right, and forbidding what is evil. This
role will be assumed according to the individual's ability and position.
This is based on the Hadith of Allah's Messenger (peace and blessings of
Allah be upon him):?
Whosoever sees an [immorally] unacceptable act being practiced [in the
Islamic society] must change it [correct it] by his own hand [by action]. If
he could not do so, then let him use his tongue [deny the practice verbally
and advise the practicing person, gently, to stop what he/she is doing].
[Finally] if he could not do so, then let him use his heart [despise the
practice by heart and declare that he/she hates to see such a wrong practice
in the Islamic society]. That is the least [level of] faith?[100].
However, correcting a vice may be restricted if this amounts to
worsen the situation and aggravate it.
The religion of Islam, which Muhammad (peace and blessings of
Allah be upon him) was commissioned with, and the supreme and wise Prophetic
sayings articulates the human rights in a single sentence as follows:?
Truly, your blood, your wealth and all your protected items are unlawful to
one another. All these are as sacred as it of this respected Day, in this
Respected Month and in this Respected Town??[101].
Most of the human rights fall under this statement, which was
delivered in the Farewell, Pilgrimage speech of Allah's Messenger (peace and
blessings of Allah be upon him). Islam, in fact, established all laws and
regulations in order to preserve the human rights and defend them. It also
issues warning to the violators of these rights of the severest punishment.
The following is the Declaration issued in Cairo about the Human
Rights in Islam. It is worth pointing out that the rights listed in this
Declaration are only guidelines and general rules. Rights, according to
Islam, are interconnected with one another as rings that support one
another. The general principles and the rules of the human rights in Islam
are divided into other categories. Consequently, these lower categories are
also broken down into further sub-categories. This will require a lengthy
discourse, if we want to address all the details. Therefore, we will only
give hints and clues. For more details, an interested reader may pool
pertinent information from literature on human rights in Islam. It is safe
to say that, 'Islam came to preserve all the human rights and to make the
human beings happier in this life as well as in the Hereafter.
[100] Muslim, Hadith No.78.
[101] Bukhari, Hadith No.105.
Islamic
Declaration on Human Rights[102]
In the Name of Allah, the Beneficent, Most Merciful!
The Almighty Allah states in the Glorious Qur'â® Sura al-Hujurat, (The
Chambers), 49:13 the meaning of which is translated as:?
Oh Mankind! We created you from a single (pair) of a male and a female, and
made you into nations and tribes, that you may know each other (not that you
may despise each other). Verily the most honored of you in the Sight of
Allah is (he who is) the most righteous of you. And Allah has full Knowledge
and is well-acquainted (with all things)?.
The member countries of the Islamic Congress Organization,
having full faith in Allah (subhanahu wa ta'ala), the Creator of all beings,
the Grantor of all Bounties, He Who created man in the best form and shape
and honored him by making man His Vicegerent on earth. Allah has entrusted
man to build, reform and maintain the land He created. Allah (subhanahu wa
ta'ala) entrusted man to abide by the Divine teachings and obligations and
employed everything in the heaven and on the earth for the service of man.
Believing in the Message of Muhammad (peace and blessings of
Allah be upon him) , who was commissioned with the Guidance and the True
religion as Mercy to mankind, a liberator for all enslaved people, a
destroyer of all tyrants and arrogant people in this life. Allah's Messenger
(peace and blessings of Allah be upon him) declared real equality among all
types of people. There is no preference for a person over another person
except with piety. Allah's Messenger (peace and blessings of Allah be upon
him) abolished all differences between people whom the Almighty Allah
created from a single soul.
Based on the pure monotheistic faith on which Islam is built,
where all mankind are called and invited to worship none besides Allah (subhanahu
wa ta'ala), not to associate anything else with Allah's worship, and not to
set rivals other than Allah to be worshipped. That monotheistic belief is
the one that built the real foundations of people's freedom, dignity and
integrity and declared the freedom of man from the slavery of another man.
Besides, based on what the eternal Islamic Shari'ah brought
forth for man in terms of the preservation of the faith, religion, soul,
mind, honor and integrity and the progeny. Also, based on the
comprehensiveness and moderation of the Islamic Shari'ah in all rulings,
verdicts and sentences, where the soul and the matter is, fantastically,
mixed and the heart [emotions] and the mind [intelligence] are both
respected and honored.
In order to emphasize the important cultural and historical
roles that the Islamic Ummah, nation has played throughout the history of
man on earth, as Allah (subhanahu wa ta'ala) made this Ummah the best of
nations, He caused the humanity to inherit a balanced, stable and
international civilization and culture that joins this world and the next.
The heritage of this Ummah connects science with faith. This Ummah is hoped
to play, nowadays, an important role as well, guiding the deviated humanity.
The latter is lost in terms of competing currents and trends as well as, in
order to offer solutions for the problems of the materialistic civilization.
In recognition to the human efforts related to the human rights
that protect man against mistreatment, violation and abuse and with aim to
emphasize man's freedom and his right to a better and descent life and
living conditions these should agree with the Islamic Shari'ah.
We have illustrated that, in spite of the great advancement that
the humanity have attained in the materialistic realm, it is still, and will
continue to be, in a great need for a spiritual support that is based on
faith, in order to support these great achievements in terms of advanced
civilization. This is needed in order to protect the human rights in this
society.
We believe, according to Islam, that the basic rights and public
freedoms are an integral part of the Islamic belief and religion. None has
the right, initially, to stop them fully or partially. We also believe that
none has the right either to break these rights or ignore them. These basic
rights are divine and heavenly. They have been revealed to the Prophets of
Allah in all Scriptures. In fact, Allah (subhanahu wa ta'ala) commissioned
the last of His Prophets to mankind, Muhammad (peace and blessings of Allah
be upon him), who completed the missions and the Message of all previous
Prophets and Messengers, with these essential rights as well. Furthermore,
observing these essential rights is a type of worship. Meanwhile, neglecting
such rights or infringing them is an evil act, according to Islam. Every
individual is responsible, individually, to adhere to these rights. The
Ummah, collectively, is also responsible for these rights.
Based on the above, the member countries of the Islamic Congress
Organization declare the following:
- Article One:
- The entire humanity constitutes as one big family. They are united
under the banner of all being slave servants to Allah I and they are the
children of Adam (peace and blessings of Allah be upon him), the
Prophet. All people are equal in terms of human dignity and honor. All
people are also equal in terms of responsibility. No race, color,
language, sex, religious belief, political belonging, social status or
any other serves as a factor that differentiates them. The true and
sound belief is the only assurance and guarantees to ensure the growth
of this human integrity for the human integration.
- All human beings are [as] family of the Almighty. The best of which is the best to all. There is no preference for one over the other except for piety [righteousness] and good deeds.
- The entire humanity constitutes as one big family. They are united
under the banner of all being slave servants to Allah I and they are the
children of Adam (peace and blessings of Allah be upon him), the
Prophet. All people are equal in terms of human dignity and honor. All
people are also equal in terms of responsibility. No race, color,
language, sex, religious belief, political belonging, social status or
any other serves as a factor that differentiates them. The true and
sound belief is the only assurance and guarantees to ensure the growth
of this human integrity for the human integration.
- Article Two:
- Life is a gift of Allah. It is assured for every human being. All
members of the society, and all states and countries must act to protect
this right against all types of aggression. No life shall be claimed
without a due legal reason.
- It is unlawful to use means and tools that wipe out the human race.
- Maintaining and preserving the human life is Shari'ah's, legal
obligation.
- Man's physical safety is respected. None has the right to attack his
safety. None also has the right to touch this safety without a legal
reason. The state must assure this right.
- Life is a gift of Allah. It is assured for every human being. All
members of the society, and all states and countries must act to protect
this right against all types of aggression. No life shall be claimed
without a due legal reason.
- Article Three:
- While using force, or in event of armed fighting, it is illegal
[un-lawful] to kill those who partake a role in the actual fight.
Elderly people, women, children, wounded persons and the sick all have
the right to be treated. The captives [prisoners of war] have the right
to be fed, sheltered and clothed. It is illegal to mutilate the bodies
of the killed war victims. Prisoners of war must be exchanged. Families
that are separated due to wars are entitled to reunite.
- It is forbidden to cut [or pull] trees, destroy the crops and dairy animals, destroy buildings and other civil facilities for the enemies by shelling or blowing up, etc.
- While using force, or in event of armed fighting, it is illegal
[un-lawful] to kill those who partake a role in the actual fight.
Elderly people, women, children, wounded persons and the sick all have
the right to be treated. The captives [prisoners of war] have the right
to be fed, sheltered and clothed. It is illegal to mutilate the bodies
of the killed war victims. Prisoners of war must be exchanged. Families
that are separated due to wars are entitled to reunite.
- Article Four:
- Every human being is entitled to his integrity, honor and reputation, during his life and after his death. The State and society must protect the remains and the burial place [cemeteries] of deceased.
- Article Five:
- The family is the basic unit in the society. Marriage is the basis
for building and forming a family. Men and women are entitled for
marriage. No restrictions should be set to restrict them from marriage
based on race, color or nationality.
- The society and the state must act to remove all barriers for marriage. Further, they should attempt to make it easy and protect and care for the family.
- The family is the basic unit in the society. Marriage is the basis
for building and forming a family. Men and women are entitled for
marriage. No restrictions should be set to restrict them from marriage
based on race, color or nationality.
- Article Six:
- Woman is equal to man in terms of human integrity and honor. She is
entitled for equal rights and duties. She is entitled for her own civil
personality, financial independence and she has the right to maintain
her name and surname.
- Man must take care of all financial needs of his family and must provide all possible care and protection.
- Woman is equal to man in terms of human integrity and honor. She is
entitled for equal rights and duties. She is entitled for her own civil
personality, financial independence and she has the right to maintain
her name and surname.
- Article Seven:
- Every born child has the right upon his parents, society and the
state, of custody, upbringing, material care, educational care and moral
attention. The fetus and the mother must be also provided a special
care.
- Parents and guardians have the right to choose the type of
up-bringing they like [or prefer] for their children. However, the
interest and the future of the children must be taken into consideration
in the light of moral and Shari'ah values and principles.
- Parents have their own rights towards their children. Relatives also have their own rights among themselves in accordance with the Shari'ah laws and principles.
- Every born child has the right upon his parents, society and the
state, of custody, upbringing, material care, educational care and moral
attention. The fetus and the mother must be also provided a special
care.
- Article Eight: Every individual has the right to practice his
full rights in terms of all commitments. If the individual is no longer
qualified to practice his rights, fully or partially, a Wali [guardian]
must be assigned instead.
- Article Nine:
- Seeking education is an obligatory act. Offering and providing
education is a duty that is incumbent on the society and the state. The
state must secure the means of education and assure variety of
educational media to serve the interest and the welfare of the members
of the society. Education should also enable man to learn about Islam as
a religion and way of life, the cosmos and how to utilize the
materialistic means for the benefit and the welfare of the humanity.
- Every human is entitled for a right from the various educational organizations such as the family, the school, the university, the media etc. They shall offer the suitable worldly and religious education and training in an integrated and balanced fashion that strengthens his personality and his faith in the Almighty Allah and his respect to rights and duties of man.
- Seeking education is an obligatory act. Offering and providing
education is a duty that is incumbent on the society and the state. The
state must secure the means of education and assure variety of
educational media to serve the interest and the welfare of the members
of the society. Education should also enable man to learn about Islam as
a religion and way of life, the cosmos and how to utilize the
materialistic means for the benefit and the welfare of the humanity.
- Article Ten: Man must follow and obey the innate religion.
Therefore, no one has a right to force other or compel him to do anything
against his nature. Furthermore, no one has the right to exploit one's
poverty, weakness or illiteracy to change his religion or to become
atheist.
- Article Eleven:
- Man is born free. None has the right to enslave him, humiliate,
conquer or exploit. There should be no slavery other than the slavery to
the Almighty Allah.
- All types of colonization is fully banned. Colonization is the worst type of slavery. Suffering people have the right to liberate themselves from colonization. Such people have the right to determine their own destiny. All other people must support the fair and just cause of fighting against all types of colonization and occupation of all types. All people have the right to preserve their independent state and personality and have the control over all natural resources.
- Man is born free. None has the right to enslave him, humiliate,
conquer or exploit. There should be no slavery other than the slavery to
the Almighty Allah.
- Article Twelve: Every human being has the right to move about
freely by choosing the suitable residence for himself within his own
country or state, or even outside his country. However, if a man is unsafe
[in his country] he has the right to seek asylum to another country. The
country who is providing asylum must protect such a person unless the
reason of this asylum involves a legal crime.
- Article Thirteen: The state and society must ensure work for
every capable person. Every individual must enjoy the freedom to choose
the most suitable job that ensures his interest, and the interest of the
society. A worker must enjoy his right in safety and security, and all
social welfare insurance and guarantees. A worker must not be assigned to
do what he is unable to do. A worker must not be forced against his will
to do certain things. A worker must not be exploited or harmed. A worker,
male or female, without any distinction is entitled for fair wages. No
delays should be made in the payment of wages. A worker must enjoy
[annual] vacation, promotions, incentives and other monetary items he is
entitled to get. A worker is demanded to devote his time and effort with
perfection to his job. If a dispute between the worker and the employer
arises, the state must intervene to resolve such dispute, remove the
oppression, do the justice and force the disputing parties to take and
accept the just judgement without any bias.
- Article Fourteen: Each individual has the right for an honest
and lawful income. No monopolization of goods, cheating or any act of
deception, harming himself or others and usury are allowed. In fact, all
above items are legally forbidden.
- Article Fifteen:
- Each individual is entitled for lawful ownership. In addition, to
enjoy the rights of ownership provided no harm is caused to one's own
soul or others of the society members or the society at large. [Private]
Ownership is not to be removed except for public interest and for an
instant and fair substitution.
- No wealth [or ownership] confiscation is done without a legal and lawful reason.
- Each individual is entitled for lawful ownership. In addition, to
enjoy the rights of ownership provided no harm is caused to one's own
soul or others of the society members or the society at large. [Private]
Ownership is not to be removed except for public interest and for an
instant and fair substitution.
- Article Sixteen: Each individual is entitled to benefit from
his actual production, literal production, artistic production or
technical production. Also, each individual is entitled to protect his
literary or financial interests resulting from his production, provided
that this production does not contradict the laws of Shari'ah.
- Article Seventeen:
- Each individual is entitled to live in a clean environment in terms
of pollution and moral corruption. Such environment must permit the
individual to morally build his character. Both the society and the
state must ensure and provide this right to the individuals.
- The society and the state must provide to every individual is the
[suitable and necessary] health care and social care by availing all
public facilities, within the available means.
- The state must ensure decent living conditions for the individuals and their dependents. This right encompasses room and board, decent and proper clothing, proper education, medical care and all other essential or basic needs.
- Each individual is entitled to live in a clean environment in terms
of pollution and moral corruption. Such environment must permit the
individual to morally build his character. Both the society and the
state must ensure and provide this right to the individuals.
- Article Eighteen:
- Each individual is entitled to life and security in the society as
relates to his self, religion and faith, family honor, dignity and
members and his financial belonging.
- Each individual has the right to be independent with his own affairs
in terms of housing, family, finance and communications. No spying or
surveillance may be maintained against any one. No defaming is allowed
to anyone. In addition, others must protect individuals against all
unlawful inferences.
- The privacy of houses and dwelling Entry to private homes must be with consent of their occupants. Private housing should not be demolished, confiscated or their tenants kicked out without any legal reason.
- Each individual is entitled to life and security in the society as
relates to his self, religion and faith, family honor, dignity and
members and his financial belonging.
- Article Nineteen:
- All individuals -the ruler and the ruled- should enjoy equal legal
rights.
- All individuals have access to seek judicial judgement for their
suites.
- Responsibility is personal.
- Crime and punishment are based on Shari'ah injunctions.
- Every accused is innocent until proven guilty. A fair trial is necessary where all assurances are given for full self-defense.
- All individuals -the ruler and the ruled- should enjoy equal legal
rights.
- Article Twenty: No one is to be arrested or his freedom be
restricted, exiled or punished without adequate legal action. Individuals
must not be subjected to physical or psychological torment or any other
humiliating treatment. No one may be subjected for medical experimentation
without his consent, provided that it does not amount to the detriment of
his health. Furthermore, it is not permitted to empower executive
authority to issue exceptional laws.
- Article Twenty-One: It is forbidden to take any person as a
hostage for any purpose and in any form.
- Article Twenty-Two:
- Each individual is entitled to express his opinion, if it does not
contradict Shari'ah laws and principles.
- Each individual is entitled to enjoin good and forbid evil in
consonance to the Shari'ah laws and principles.
- Media and information are vital for the society. Media must not be
exploited, abused or attack the dignity of the Prophets of Allah or to
practice any immoral or corruptive items. In addition, all issues that
cause disunity within the society, moral decay, danger or disbelief are
also banned.
- It is not allowed to generate national hatred or sectarianism or any other type of discrimination.
- Each individual is entitled to express his opinion, if it does not
contradict Shari'ah laws and principles.
- Article Twenty-Three:
- Guardianship is a trust that must not be betrayed. This is fully
forbidden to ensure the basic human rights.
- Each individual is entitled to participate in the public administration of his country, either directly or indirectly. Similarly, all individuals are entitled for public offices based on Shari'ah laws and regulations.
- Guardianship is a trust that must not be betrayed. This is fully
forbidden to ensure the basic human rights.
- Article Twenty-Four: All rights and freedoms listed in this
Declaration are comprehensible within the framework of Shari'ah laws and
principles.
- Article Twenty-Five:
- Shari'ah laws and principles are the only source for the
interpretation or clarification for any article of this Declaration.
Cairo, 14 Muharram, 1411 H.
Corresponding to: 5/8/1990. - Accepting and determining the above stated rights is the correct
path to erect a true Islamic society that maybe described as follows.[103]
- It is a society, in which, every one is equal. No one is superior on
the basis of origin, race, color or language.
- It is a society, which enshrines equality as a basis of all rights
and duties. This equality stems from the unity of human race. The
Almighty Allah states in the Glorious Qur'â® Sura al-Isra [The Night
Journey] 17:70 the meaning of which is translated as:?
We have honored the sons of Adam; provided them with transport on land
and sea; given them for sustenance things good and pure; and conferred
on them special favors, above a great part of Our Creation?.
- It is a society where human's freedom is identical with his life.
Man is born free. With his freedom, he can ensure his existence. Man
must be safe against suppression, oppression, humiliation and slavery.
- It is a society, which rose from family. The latter serves its
nucleus and basis. It provides stability and progress.
- It is a society where governor and the governed are equal before
Shari'ah. The latter is divinely ordained. No discriminations are
allowed in such a society.
- It is a society in which authority and power is a trust, which the
ruler assumes to attain goals within the framework of Shari'ah.
- It is a society, in which, every individual believes that the
Almighty Allah is the true Owner of the entire universe. He also
believes that all what is in this universe is employed for the benefit
of all the creatures of Allah (subhanahu wa ta'ala). All what we have is
a gift and grant from Allah and none has any privilege to obtain a fair
share of this Divine grant. The Almighty Allah states in the Glorious
Qur'â® Sura al-Jathiyah, 45:13 the meaning of which is translated as:?
And He has subjected to you, as from Him, all that is in the heavens and
on earth: behold, in that are Signs indeed for those who reflect?.
- It is a society, in which, all policies governing public affairs are
based on the principle of consultation. The Almighty Allah states in the
Glorious Qur'â® Sura al-Shura [The Consultation], 42:38 the meaning of
which is translated as:?
Those who listen to their Lord, and establish regular prayer; who
(conduct) their affairs by mutual consultation; who spend out of what We
bestow on them for sustenance?.
- It is a society, which grants equal opportunities to all individuals
according to their skills and potentials. Such individuals will be
accountable before their Ummah about their performance. This is based on
the Hadith reported by Muslim, that Allah's Messenger (peace and
blessings of Allah be upon him) said:?
Every one among you is a shepherd and every one is responsible for his
[protected] herd?.
- It is a society, in which, both the ruler and the ruled stand
equally in judicial courts.
- It is a society where every person reflects the conscious of Ummah.
Each individual has access to the right of filing legal suit against any
criminal action. Such individuals may also solicit the support of
others.
- It is a society that rejects all types of oppression and tyranny. It
is a society, which ensures freedom, security, honor, dignity and
justice for all. It is a society, which observes Shari'ah laws and
practices.
- The characteristics of human rights in Shari'ah are as under:
- Human rights according to Islamic Shari'ah are Divine. These do
not stem from other humans who are influenced by whims, desires,
interests and personal ambitions.
- Human rights are correlated with the Islamic faith and belief.
They are protected and preserved by Divine judgement. Therefore, any
violation on these rights is, in the first place, a violation against
the Divine Will of Allah, and entails punishment in the Hereafter, as
well as worldly punishment.
- These human rights are comprehensive and commensurate to the
nature of human being. They agree with the human innate and coincide
with his weakness, power, poverty, richness, dignity and humiliation.
- These human rights are applicable to each person under the Islamic
jurisdiction, regardless of color, race, religion, language or social
status.
- These human rights are constant. These are not adaptable at any
time or place and under any condition or circumstances. Neither
individuals nor society can alter these human rights.
- These rights are sufficient to establish a society that grants its
individuals a decent and honorable life. These rights are a mercy from
the Almighty Allah, the Lord of all worlds and they are for the entire
humanity at large. Human rights also serve to preserve political,
social, moral and economic rights of humanity.
- Human rights, however, are restricted and not absolute. These
rights are compatible with the basic Shari'ah laws and principles.
They are not detrimental to the interest of the society and its
welfare. For instance, the freedom of opinion and speech is guaranteed
for every individual. All individuals are entitled to speak out and
speak up saying the truth without hesitation. All have the right to
provide and offer a reasonable advice to others, so long as this
advice is in the public interest of others. Advice may be given in the
spheres of worldly affairs or religious affairs alike. There are
certain restrictions, however, that must not be exceeded, otherwise it
will become a chaotic situation in the society. The following are some
of these restrictions:
- This freedom for an objective dialogue should be based on wisdom
and good advice. The Almighty Allah states in the Glorious Qur'â®
Sura al-Nahl (The Bees) 16:125 the meaning of which is translated
as:?
Invite (all) to the Way of thy Lord with wisdom and beautiful
preaching; and argue with them in ways that are best and most
gracious: for thy Lord knows best, who have strayed from His Path,
and who receive guidance?.
- Adhere at all cost to the essential principles of Islamic faith
such as the existence of Allah, the reality of the Message of
Allah's Messenger (peace and blessings of Allah be upon him), and
all other related issues.
- Avoiding the use of such freedom in any way that is offensive to others, regardless whether the offense is worldly or religiously, such as defaming people, scandalizing people and revealing their secrets. Such unlawful acts will spread harm and evil among people in the Islamic society or any other society per se. The Almighty Allah states in the Glorious Qur'â® Sura al-Noor (The Light) 24:19 the meaning of which is translated as:? Those who love (to see) scandal published broadcast among the Believers, will have a grievous penalty in this life and in the Hereafter: Allah knows, and you know not?.
- This freedom for an objective dialogue should be based on wisdom
and good advice. The Almighty Allah states in the Glorious Qur'â®
Sura al-Nahl (The Bees) 16:125 the meaning of which is translated
as:?
Invite (all) to the Way of thy Lord with wisdom and beautiful
preaching; and argue with them in ways that are best and most
gracious: for thy Lord knows best, who have strayed from His Path,
and who receive guidance?.
- Human rights according to Islamic Shari'ah are Divine. These do
not stem from other humans who are influenced by whims, desires,
interests and personal ambitions.
- Shari'ah laws and principles are the only source for the
interpretation or clarification for any article of this Declaration.
[102] Dr. Muhammad al-Zuhailee, The Human Rights in Islam, p.400.
[103] The following are adapted from The Islamic International
Declaration for Human Rights.
Misconceptions on Human Rights in Islam
The following are some of the misconceptions about the religion of Islam and the faithful Muslims. We will attempt to list them according to their priority and comment to the best of our ability on following subjects.
Reply to the Misconception about Shari'ah
First: The Shari'ah, which was offered by Muhammad (peace and
blessings of Allah be upon him) since fourteen centuries, became very
restrictive, nowadays, on the human rights. The Islamic Shari'ah in the
present days is a non-developing religion which is incompatible to the
advanced civilization of the current world, which presents super services
for the human needs!
The reply:
Islam differs from other previous Divine religions. Previous
religions were essentially spiritual religions that suggest the
relationships of man with His Creator, the Almighty Allah. Islamic Shari'ah,
however, is a comprehensive, complete and adaptable religion because it is
suitable for every age, location and people. Furthermore, Islamic Shari'ah
is a worldly, as well as, spiritual religion. Islam is a religion, as it
postulates the relationship between man and His Creator, the Almighty Allah.
Islam is also a worldly religion as it organizes and regulates the
relationships between man and his society as well with other peoples and
nations. Islam, unlike Judaism, for instance, is not limited for a specific
people and society. Likewise, Islam is unlike Christianity, which is
descended unto Jesus (peace and blessings of Allah be upon him), who openly
declared that:" I am not sent but unto the lost sheep of the house of Israel
"[104].
Jesus (peace and blessings of Allah be upon him) also said to
his twelve disciples, who were selected to match the twelve Jewish tribes:"
To these twelve, Jesus sent forth, and commanded them, saying, go not into
the way of the Gentiles, and into any city of the Saumar'i-tans enter not.
6. But go rather to the lost sheep of the house of Israel "[105].
As for Islam, it was sent as a mercy for mankind. The Almighty
Allah states in the Glorious Qur'â® Sura al-Anbiya (The Prophets) 21:107 the
meaning of which is translated as:?
We sent thee not, but as a mercy for all creatures [worlds]?.
Thus, Shari'ah laws are bi-dimensional, as follows:
- One dimension of Shari'ah laws and regulations regulates the
relationships of man with His Creator, the Almighty Allah. Faith, belief,
various acts of worship and laws of inheritance has a solid basis that no
one has the right to alter, add or delete. These are constant regardless
of time, people and place or locality. Such laws are not ever subjected to
any changes. For instance, Salah, prayer, in Islam has its own specific
rules, rituals and regulations. No one has the right to change any of the
various principles of Salah. Similarly, Zakah is another example that is
solid, permanent and unalterable. Moreover, the individuals who are
eligible to inheritance from parents, sisters, brothers, uncles and other
relatives, have a set amount of inheritance that no one in the Islamic
society can modify. Similar are other acts of worship in Islam.
- The second dimension of Shari'ah laws tends to regulate the relationships of man with his fellow man and the society. Moreover, it also directs man's relationships with other people and nations. Such rules and regulations are stated in a general form in the Shari'ah laws. Details are left following the needs that arise in the developed societies. Such rules and regulations maybe amended, altered and adaptable in view of the pressing needs of the society. Such changes or modifications, however, may be suggested by specialists, or jurists who well-understand all the changes and development in the current society. Shura, the principle of consultation, for instance is one example. This principle was mentioned in the Glorious Qur'â® in a general form without giving much detail to the mechanics of Shura. No specific information was given in Qur'â® that explains how to apply, execute and implement Shura in the Islamic society. The door is left wide-open for Islamic scholars to assess any pressing situation, in light of Shura, and serve the public interest for the individuals, the society and the Ummah, nation as per the requirements of every age and place. For instance, what maybe applicable for one generation might not be applicable for another. This method of assessment illustrates the comprehensiveness, the international scope and the validity of Islam for all times and climes.
Reply to the Misconception about the Women's Rights
Second: Some people, who do not truly know reality of Islam, who are
either called scholars or Orientalists and enemies of Islam, claim that
Islam does not respect the rights of the women. This disrespect, they claim,
conflicts openly with human rights, which ensures the freedom of the belief
of the individual.
The reply:
The standpoint of Shari'ah on the non-Muslims residents in the
Islamic society, is frank and crystal clear. Both the Qur'â® and the Sunnah,
traditions of the Prophet (peace and blessings of Allah be upon him)
illustrate that freedom of religion is available to all members of the
society under Islamic Shari'ah government. In fact, the Islamic state does
not require to use any forceful measures to impel people from other faiths,
who are not Muslims, to embrace Islam. This is an implementation of the
verse of Qur'⮬ Sura Yunus [Joanna] 10:99 the meaning of which is
translated as:?
If it had been thy Lord's Will, they would all have believed, all who are on
earth! Will you then compel mankind, against their will, to believe!?.
Commercial dealing is permitted with non-Muslims, both resident
and non-resident, of the Islamic society. Eating their lawful food is also
permissible to the Muslims. In fact, Islam goes a step further to permit
male Muslims to marry a Jewish or a Christian woman. We must remember that
Islam gives a special attention and importance on raising a family. Yet,
marriage with the so-called people of the Book; Jews or Christians is
permissible to the male Muslims [only]. The Almighty Allah states in the
Glorious Qur'â® Sura al-Maidah [The Table] 5:5 the meaning of which is
translated as:?
This day are (all) things Good and pure made lawful unto you. The food of
the People of the Book is lawful unto you and yours is lawful unto them.
[Lawful unto you in marriage] are [not only] chaste women who are Believers,
but chaste women among the People of the Book, revealed before your time,
when you give them their due dowers, and desire chastity, not lewdness, nor
secret intrigues. If any one rejects faith, fruitless is his work, and in
the Hereafter he will be in the ranks of those who have lost [all spiritual
good]?.
In addition, the Almighty Allah states in the Glorious Qur'â®
Sura al-Momtahinah 60:8 the meaning of which is translated as:?
Allah forbids you not, with regard to those who fight you not for (your)
Faith nor drive you out of your homes, from dealing kindly and justly with
them: for Allah loves those who are just?.
However, the non-Muslims who wage war against Islam and Muslims
have a different treatment according to Islam. The Almighty Allah states in
the Glorious Qur'â® Sura al-Momtahinah 60:9 the meaning of which is
translated as:?
Allah only forbids you, with regard to those who fight you for (your) Faith,
and drive you out, of your homes, and support (others) in driving you out,
from turning to them (for friendship and protection). It is such as turn to
them (in these circumstances), that do wrong?.
Yet, Islam takes another step further in this regard. Islam
permits religious discussions and dialogues with non-Muslims. Yet, Islam
commands Muslims to adhere to the best approaches of discussions and
dialogues with the non-Muslims. The Almighty Allah states in the Glorious
Qur'â® Sura al-Ankaboot [The Spider] 29:46 the meaning of which is
translated as:?
And dispute you not with the People of the Book, except with means better
(than mere disputation), unless it be with those of them who inflict wrong
(and injury); but say, 'We believe in the Revelation which has come down to
us and in that which came down to you; our God and your God is One; and it
is to Him we bow (in Islam)?.
Furthermore, Allah (subhanahu wa ta'ala) addresses those of
other faiths and religions, saying in the Qur'â® Sura Ahqaf 46:4 the meaning
of which is translated as:?
Say: Do you see what it is you invoke besides Allah? Show me what it is they
have created on earth, or have they a share in the heavens? Bring me a Book
(revealed) before this, or any remnant of knowledge (you may have), if you
are telling the truth!?.
In fact, we shall quote here Sir Thomas Arnold a Christian
intellectual in his book Call to Islam, page 48:' Based on the friendly
relationships, which were built and established between Christians and
Muslims among Arabs, we can judge that force was never a decisive element in
converting people to Islam. Muhammad (peace and blessings of Allah be upon
him) himself participated in a pact with some Christian tribes. Furthermore,
Muhammad (peace and blessings of Allah be upon him) took upon himself to
protect and grant freedom for such people [non-Muslims] to practice their
own religious rituals. In fact, Muhammad (peace and blessings of Allah be
upon him) permitted the clergymen of the church to enjoy their rights and
authority with peace and security '.
It is sufficient, in rebuttal to this misconception against the
human rights in Islam, to quote general jurist ruling as follows, '[The
non-Muslims] are entitled for what we [Muslims] are entitled for. They are
also demanded what we [Muslims] are demanded to do.' This statement proves
beyond any doubt that there is no disparity against non-Muslims residing in
an Islamic society.
Reply to the Misconception about Hudud
Third: The application and execution of Hudood, legal punishments
according to Islam, is a cruel and barbaric act. Also, it transgresses the
human rights.
The reply:
Let us illustrate first that crime and murders in Islam are
divided into two categories as follows:
- Crimes that have a definite punishment according to Shari'ah laws.
These crimes are: killing, adultery, theft, drinking alcohol, false
accusation with adultery or other immoral acts, aggression against people,
rejecting Islam after being Muslim and fighting against Muslims or causing
threat and harm them in their society.
- Crimes that do not have a definite punishment according to Shari'ah laws. The Muslim executive head is given the authority to set the punishment for such crimes according to the public interest of Muslims and the Islamic society. These types of punishments are known as reprimands.
Crimes that have a definite punishment according to Shari'ah laws, however, are further divisible into two categories as follows:
- First category:
It refers to punishments which involve crimes of personal rights such as: killing, attacking a man and causing one of his limbs or organs to become disabled or falsely accusing someone with adultery. The penalties of such offenses maybe reduced if the plaintiff drops the charges. The punishments for such crimes will be Tazeer, which is a disciplinary punishment, decided by the ruling authority. Such punishment serves the interest of the Islamic society.
- Second category:
This refers to penalties, which involve violating the Commands of Allah and other prescribed Shari'ah injunctions. These crimes are drinking alcohol, fornication and thefts. The penalties for such crimes will not be dropped even if the plaintiff drops the charges.
Let us review some basis used for applying Hudood, capital punishment in the Shari'ah:
- Capital punishment is applicable to an adult, sane and matured
individual.
- Capital punishment would be dropped in case of suspicion or
insufficient evidence of the crime. This is based on the Hadith of Allah's
Messenger (peace and blessings of Allah be upon him):?
Stop the Hudood, capital punishment by entertaining [lawful and supported]
suspicions?[106].
- Capital punishment, according to Islam, is applicable only against
crimes committed toward the five dire necessities of man in life.
- Capital punishment is confirmed by confession. However, it is possible
to withdraw a confession. Only males' testimonies are acceptable in cases
of capital punishment.
The essential objective of establishing such punishments is to teach a lesson to criminals not to do anything that may create horror to the Islamic society. No infringement, of any type, may be practiced against the rights of all individuals of the Islamic society. Therefore, such penalties act as a protective measure to ensure these rights. Consequently, the entire society will enjoy peace and security.
In addition, although Islam threatened people by heavenly
punishment in the Hereafter for committing all types of crimes, it does not
inflict worldly penalty as well. All individuals in the Islamic society who
break the laws and Islamic regulations would be subjected to such severe
penalties. There are certain individuals in any human society who would not
be disciplined except by applying force on them to stop all their evil acts
against the society. Thus, we notice that Islam determines a suitable
penalty for every crime. Qisas, killing the killer, is a just and suitable
penalty against a person who kills others. The Almighty Allah states about
this penalty the Glorious Qur'â® Sura al-Baqarah (The Cow) 2:178 the meaning
of which is translated as:?
Oh you who believe! The law of equality is prescribed to you in cases of
murder: the free for the free, the slave for the slave, the woman for the
woman?.
However, if the family of the victim pardoned the killer the
capital punishment will be dropped. This is based on the verse in the
Glorious Qur'â® Sura al-Baqarah (The Cow) 2:178 the meaning of which is
translated as:?
But if any remission is made by the brother of the slain [his heir or
guardian], then grant any reasonable demand, and compensate him with
handsome gratitude?.
Furthermore, Allah (subhanahu wa ta'ala) set the penalty of
cutting the hand as a penalty for theft. This is based on the verse in the
Glorious Qur'â® Sura al-Maidah (The Table) 5:38 the meaning of which is
translated as:?
As to the thief, male or female, cut off his or her hands: a punishment by
way of example, from Allah, for their crime: and Allah is Exalted in Power.
Full of Wisdom?.
Islam, however, does not apply or execute the cutting of the
hand except based on very specific conditions and circumstances. First, the
theft must be within the set limit. Second, the stolen item must be under
lock and proper protection. Third, if the theft situation is only a
suspicion, or if the reason for theft is a real and justified hunger [or
real poverty], in such a case, the hand of the thief will not be amputated.
Moreover, the theft is a very serious crime in the society. If theft spreads
in the society, the entire members of the community will be threatened. Not
a single individual would feel safe in his community. A secure community is
essential to enable its members to enjoy a decent and honorable life. After
stealing, a thief may confront resistance. This will prompt him to commit
another offense, like murder. Similarly, he may rape a woman during the
course of his offense. Therefore, such a serious crime must be dealt with
properly and firmly. Hence, if a thief realizes that his hand would be cut
off because of his theft, he may either hesitate or stop his theft.
Consequently, the wealth and safety of the community would be secured.
Islam, further, has prescribed a specific penalty called Hirabah
[a specific punishment which will be explained in the following example] for
crimes committed under the threat of weapon. Examples of Hirabah are: road
blocking to rob the passers by, killing, breaking into peaceful residential
areas, and even frightening and intimidating innocent residents. The
stipulated punishment is based on the verse of Qur'â® Sura al-Maidah (The
Table) 5:33-34 the meaning of which is translated as:?
The punishment of those who wage war against Allah and His Messenger, and
strive with might and main for mischief through the land is: execution, or
crucifixion, or the cutting off of hands and feet from opposite sides, or
exile from the land: that is their disgrace in this world, and a heavy
punishment is theirs in the Hereafter; Except for those who repent before
they fall into your power: in that case, know that Allah is Oft-Forgiving,
Most Merciful?.
Punishment is applied according the nature and intensity of the
crime. If the thief kills and grabs the money of the victim, the punishment
will be killing and crucifixion of the thief. If the thief takes the victim'
money only, but does not kill the victim the thief's hand will be cut off.
If a thief kills the victim but does not take his money the thief will be
killed. If the thief frightens innocent residents but does not kill any of
them such a threatening person must be exiled from his home country.
Moreover, Islam prescribes lashing punishment against bachelors
who commit fornication. This is based on the verse in the Glorious Qur'â®
Sura al-Noor (The Light) 24:2 the meaning of which is translated as:?
The woman and the man guilty of fornication flog each of them with a hundred
lashes: let not compassion move you in their case, in a matter prescribed by
Allah, if you believe in Allah and the Last Day: and let a party of the
Believers witness their punishment?.
As for the married male or female, who commit adultery, stoning
to death is the punishment applied to him. This punishment is only
applicable and executed when specific conditions are applied and met. A
married, male or female, is stoned to death in either of the following two:
- Open and clear confession:
No compulsion or force is exerted to obtain a confession from the criminal. Besides, the sentence is not executed after the first confession or open admission of the guilt. The confession will become effective only if it is repeated four times, in four different meetings or court sessions. A judge in all such sessions and at every confession turns his face away and throws it expressing his dislike with it. In fact, the judge may offer some terms, phrases or words that discourage the confessor and make him review his confession. The judge may say something to the effect, 'It could be that you just kissed the other person, or physically touched, but not actually committed an illegal act of adultery. Alternatively, you may have only hugged the other person without actually have a full intercourse. All that is to leave the door wide open for them to withdraw their original confession. This is based on the Sunnah, traditions of the Prophet (peace and blessings of Allah be upon him), which he did when the Ghamidi woman insisted that she has actually and firmly, committed an act of illegal adultery and was pregnant as a result of this intercourse. Thus, in case of insisting on the confession of the doers, the stoning will take place. Even then, if the stoning is taking place and the person who is stoned runs away in order to escape such an attempt is interpreted as a withdrawal of their confession. In such a case, the stoning punishment will be relinquished.
- The second situation requires four just witnesses:
These four just and fair witnesses must be known as truthful in their statements and conduct. The four witnesses must confirm a true observation of the actual intercourse directly (this means that the four witnesses actually have seen the male's penis in the female vagina). Such a situation is only observed when the two parties are openly committing such an illegal act of indulgence, showing no respect, to the laws, honor and dignity of the Islamic society. Similarly, in case of suspicion only, the stoning punishment will not be inflicted, as we pointed out earlier. This is based on the Hadith of Allah's Messenger (peace and blessings of Allah be upon him):? Stop the application of capital punishment in case of suspicion?.
Adultery and fornication is not a personal prerogative or a
private behavior. It is, indeed, an infringement on the rights of the
Islamic society. There are many results and consequences for such immoral
act. The following are only few of such consequences:
- Demoralizes the social values and principles of the society and its
members. Consequently, it leads to the spread of venereal diseases and
possibly innocent individuals of the society may contract such dangerous
diseases.
- Mixing of the lineage. A child maybe attributed to a person other than
his own father, or a child maybe deprived the honor of being attributed to
his real father. In addition, this will entail a serious problem in
inheritance. Those who are not entitled for inheritance may become heirs
and those who are entitled may not get any of the inheritance.
Furthermore, a person may, possibly, marry a spouse who might have been
permanently forbidden to him to marry [such as a sister, a niece and aunt,
etc.].
- Creating a class of individuals who are deprived of the sympathy of parents, lineage and family as well as an identity of family belonging. This may lead to serious physiological diseases and instability. Consequently, this may also lead to a severe social deviation and disorders that could affect the entire society at large. Fatherhood and motherhood for a child are like a country. There they seek peace, shelter, security, support and happiness.
Moreover, Islam set lashing as a punishment for false accusation
of others for fornication or adultery. The Almighty Allah states in the
Glorious Qur'â® Sura al-Noor, (The Light) 24:4 the meaning of which is
translated as:?
And those who launch a charge against chaste women, and produce not four
witnesses, (to support their allegations), flog them with eighty lashes; and
reject their evidence ever after: for such men are wicked transgressors?.
The purpose, Allah (subhanahu wa ta'ala) knows best, of
establishing and executing this punishment is to protect and maintain good
morals in the society and protect the intactness of the privacy of the
innocent individuals. False accusation is a drastic social problem that must
be treated and eliminated from the society. Human dignity is invaluable.
Anyone who attempts to encroach generates retaliatory behavior. In some
instances, such a false accusation may lead to a murder, killing the person
who instigated the trouble. Therefore, Shari'ah prescribes such a serious
punishment against the offender if he does not produce a substantial and
true evidence.
All types of punishments in Islam confirms the preservation of
human rights in mind and in demonstration and illustration of the divine
justice and fairness.
Islam does not stop at the physical punishment only, but it goes
a step further to physiological punishment as well. The false testimony of
accusation, for instance, will not be accepted. It is described as corrupt,
deviant and wicked act against Shari'ah. The only concession to this
practice is to see that the accuser has fully repented to Allah (subhanahu
wa ta'ala) and improved his entire behavior. Again, all this is done to
ensure the preservation of human rights, Allah (subhanahu wa ta'ala) knows
best.
Similarly, Islam set a punishment against the all types of
intoxicants and traffickers. Drinking alcohol or using any type of illegal
drugs is also punished according to Shari'ah by lashing as well. Man is free
to eat as he likes and drinks as he wishes, and dresses as he wishes, but
within the confines set forth by Allah (subhanahu wa ta'ala). Allah has
forbidden certain types of meat, for instance, all types of alcoholic
beverages and indecent clothes that cause social and moral problems in the
society. Islam prohibits a Believer to eat the flesh of a dead animal, the
blood of the living beings, the pork meat and animals that are slaughtered
for the sake of deities, other than Allah (subhanahu wa ta'ala). There is no
set punishment for this type of crime or disobedience to the Commands of
Allah (subhanahu wa ta'ala), but who commits such acts must repent fully and
wholeheartedly to Allah and withdraw completely from such unlawful acts and
practices. However, if a person is caught doing such illegal acts openly and
publicly, a suitable disciplinary punishment is applied against him in a way
that serves the public interest of the Islamic society. Man is also
restricted to drink and take or use all types of intoxicants that do not
harm his body, mind and family alone, but it exceeds that to harm the
society at large. Therefore, wine, or liquor of all types, is called, 'The
mother of all evils or vices', according to Islam. Lashing alcholist is a
prescribed punishment in Islam in order to limit the use of such harmful
substances. Its intent is to ensure the protection of human being and his
essentials: wealth, mind, and body. Also, it is oriented to efface the
perilous impact, moral, economic, criminal and social, from the Muslim
society. We may list below some of the negative effects and the consequences
resulting from the abuse of alcohol and drugs:
- A drunk may commit fornication, adultery, or even rape against incest,
unconsciously and under the alcoholic or drug influence.
- A drug addict becomes a useless member in the society. An addict may
do any immoral act to get the illegal drugs by stealing or committing a
crime.
- Serious health hazards are caused to the druggists, which are
substantiated by current medical specialists.
- Wealth and time are wasted, which causes serious harms to the
community and the society.
- The society is deprived from the potentials and the faculties of the
addicts. This by itself is an encroachment on the rights of the society.
- The addict, temporarily, looses his mind and faculties. This situation may lead to very tragic circumstances. A person who is under the drugs or alcoholic influence may become barbaric in his attitude and behavior. Islam does not tolerate, accept or even condone such animalistic behavior for its society members.
Islam, therefore, decides a very broad and general ruling in
Shari'ah that prescribes the punishment commensurate to the size of the sin.
The Almighty Allah states in the Glorious Qur'â® Sura al-Shura (The
Consultation), 42:40 the meaning of which is translated as:?
The recompense for an injury is an injury equal thereto (in degree)?.
Additionally, the Almighty Allah states in the Glorious Qur'â®
Sura al-Nahl (The Bees) 16:126 the meaning of which is translated as:?
And if you do catch them out, catch them out no worse than they catch you
out?.
Islam, however, does not impose the application of these
punishments. It rather leaves the door open for pardon and forgiveness
insofar as the personal rights and injuries are concerned. The Almighty
Allah states in the Glorious Qur'â® Sura al-Noor (The Light) 24:22 the
meaning of which is translated as:?
Let them forgive and overlook do you not wish that Allah should forgive you?
For Allah is Oft-Forgiving, Most Merciful?.
Additionally, the Almighty Allah states in the Glorious Qur'â®
Sura al Shura (The Consultation), 42:40 the meaning of which is translated
as:?
But if a person forgives and makes reconciliation, his reward is due from
Allah?.
Islam does not aim to retaliate from a sinner. Islam does not
impose sever punishment for the sake of being harsh and severe against
Believers. The main and essential objective of the punishment is to preserve
the rights of Believers in the Islamic society. Further, it seeks to
maintain peace and tranquility and warns every evil practicing individual or
evil instigator to think twice before he/she commits their evil act against
the society. Islam also aims at warning every person who may think of
committing crimes of such kinds threatening the members of the society to
think twice before they do them. Islam also aims at purifying the Islamic
society from all criminal activities. If a murderer realizes that he/she
will be killed for killing a person, and if a thief realizes that his hand
is going to be cut off for his theft, and if a fornicator or adulterer
realizes that he is going to be lashed, publicly, and if a false accuser
realizes that he is going to be also lashed publicly, they will all think
seriously before they commit their intended crimes. Thus, the Islamic
society becomes more secure and safe. The Almighty Allah states in the
Glorious Qur'â® Sura al-Baqarah (The Cow) 2:179 the meaning of which is
translated as:?
In the law of Equality there is (saving of) Life to you, Oh you men of
understanding; that you may restrain yourselves?.
One may object that some of these stipulated punishments in
Islam are cruel. The answer to this objection is simple: 'All people agree
that such crimes are extremely harmful to the society. Additionally, all
agree that these crimes must be countered and the people who commit them
should be punished. However, we should compare the fact whether these
Islamic punishments are more effective in reducing the crime rate in the
Islamic society or the man-made laws?
Islamic punishments may appear cruel to an onlooker who looks at
its face value. However, they are just, practical and logical punishments
when closely examined. Islamic punishments are, with Allah's help,
sufficient to wipe out all types of crimes from the Islamic society. Logic,
before offering kindness to the criminal, demands not to overlook or forget
the rights of the attacked people. A corrupt, and rotten or defective organ
must be amputated from the society, as it is the case with a defective organ
of the body in order to save the rest of the body.
It may be noted that anti-Islamic media provide distorted image
of Islam and Islamic society. It states, for instance, that Islamic society
is a barbaric and savage society. It also claims that its judicial and penal
systems are cruel. In addition, this media shows that members of the Islamic
society are characterized with permanent physical defects, without hands,
arms and with opposite leg. or people who are lashed on a daily basis, in
public. One may also think that Islamic punishments are applied and executed
on a daily basis. It is, however, worth pointing out that, throughout the
Islamic history, there are only few instances where the punishment of
stoning to death were recorded and applied. These instances were rare and
based on the request of the sinners who confessed their crimes and they
express their personal desire to receive the stoning punishment. The
individuals who committed such crimes wished to purify themselves from such
destructive sins. All other Islamic punishments are also the same.
Reply to the Misconception about Departing Islam
Fourth: The punishment enunciated in Islam to the person, who chooses
to depart Islam as a way of life, is an violation against human rights.
Human rights ensure the freedom of religion to all people. Besides, such
punishment contradicts the statement of Qur'⮬ as the Almighty Allah states
in the Glorious Qur'â® Sura al-Baqarah (The Cow) 2:256 the meaning of which
is translated as:?
Let there be no compulsion in religion?
The reply:
Islamic Shari'ah enunciates this punishment to the person who
turns his back to Islam as a way of life and reject its laws and
regulations, based on the Hadith, the Sunnah, traditions of the Prophet
(peace and blessings of Allah be upon him) that states:?
It is unlawful to kill a Muslim except for committing one of the three
crimes, (1) A married man or woman, who commits [proven] adultery. (2) When
killing another Muslim. (3) When turns one's back to Islam [rejecting it
publicly as a way of life and attacking it openly] and turn away from it and
from the Islamic community?[107].
Moreover, it is based on the Hadith the Sunnah, traditions of
the Prophet (peace and blessings of Allah be upon him):?
Whosoever changes [rejects Islam as a religion and way of life] kill him?.
However, we should take the following two points into
consideration concerning the person who rejects Islam as a faith and way of
life:
- The killing of an apostate of Islamic faith implies such persons who
deny and attack Islam openly and publicly. Such apostate is equivalent to
an internal revolution within the Islamic society. If such a person
confines his apostate to himself, and does not proclaim, he is left to
Allah (subhanahu wa ta'ala). Allah (subhanahu wa ta'ala) knows best who
believes and who rejects the faith. Muslims can only base their judgements,
sentences, and apparent matters and leave the realties to Allah (subhanahu
wa ta'ala).
- A person who rejects the Islamic faith may be given a chance for three
consecutive days to return to the fold of Islam. Matured Islamic scholars
must sit with him and explain to him the major sin he is committing
against his own soul, his family and the community. If this person returns
to the fold of Islam he will be let free. If not he will be executed.
Killing such an apostate is, in reality, a salvation for the rest of the
society members.
- Declaring a rejection against Islam is unacceptable in Islamic
Shari'ah because he is not honoring his commitment to his faith. If a
person does not keep his commitment to Islam he is looked as worse than a
non-Believer in the first place. The Almighty Allah states in the Glorious
Qur'â® Sura al-Nisa (The Women), 4:137 the meaning of which is translated
as:?
Those who believe, then reject Faith, then believe (again) and (again)
reject Faith, and go on increasing in unbelief, Allah will not forgive
them nor guide them on the way?.
- Rejecting Islam as a way of life amounts to a malicious propaganda
against Islam. Furthermore, rejection of Islam is also a disgrace to the
Islamic society and the immediate community where the apostate lives. Such
rejection will discourage people for joining Islam as a way of life. The
example of rejecting Islam indicates that the person who joined it was
only testing it, but was not serious about his commitment to this way of
life. Therefore, this rejection will tend to attack Islam and attempt to
rebel from within. Therefore, such a punishment was prescribed, Allah (subhanahu
wa ta'ala) knows best.
- Islam, on the other hand, wants the apostates of the religion of Islam to take this matter very seriously and take their time to study it fully. They are requested to research, evaluate and seriously examine all the aspects of Islam as way of life prior to joining it and committing to its rules and regulations. If this reverting happened voluntarily it is well and good. If not, then, such a severe punishment will not give any slim chance to those who would like to play around and experiment with Islam.
Moreover, Islam does not treat rejection of the faith as a personal matter. Rejecting Islam as a way of life is not a change to the religion of the apostate only, but rather it is a rejection of the entire system. Such rejection will, surely, harm and injure the entire system and not the apostate only. As pointed earlier, Islam looks at this rejection as a nucleus for an internal revolution and evil instigation in the society. Islam does not accept nor condone such an evil practice that leads to mischief and confusion in the society. In fact, this is very similar even to modern political system, which treat any coup-de-tat or other activities to overthrow an existing regime or government as illegal activities. Furthermore, such revolutionary activities against government are taken very seriously and the participants are killed, exiled or imprisoned. In fact, such dissidents of the political system maybe psychologically or physically tortured, or the personal wealth of these individuals are confiscated. Further, the family members and/or the relatives of such person of the political system are also subjected to the harassment.
Reply to the Misconception[108]
about Marriage to a non-Muslim
Fifth: Banning a female Muslim to marry a non-Muslim is an
infringement against the human rights, and especially, her personal freedom,
which permits the individual to marry whom she likes.
The reply:
The Islamic rational understanding behind this restriction of
the freedom of marriage is essentially the preservation and the maintenance
of the family unit in Islamic society. Islam aims at protecting the family
against dissolving by divorce because of the difference in religion between
the two spouses. A husband may very well demonstrate a strong sense of
disrespect of the wife's faith and principles of belief, as he thinks that
he is more dominant member of the family. In addition, the wife may also
feel that she is weaker and more sensitive as it concerns her faith in the
family.
The following three cases will explain this situation. However,
all these three cases stem from the same principle, which we pointed out in
the previous paragraph.
1st Case: A male Muslim marries to an
idolater or an atheist. Islam bans such a marriage because the Islamic Faith
does not, in any way, respect the Faith of an idolater. Thus, the entire
family will be in a continuous dispute and fight. Islam, moreover, considers
divorce one of the most hated or disdainful acts, in the Sight of Allah (subhanahu
wa ta'ala). Therefore, Islam discourages a marriage where a husband will not
show consideration to the principles of Faith of the wife and her family.
Consequently, such a problematic marriage, most likely, will end up with
divorce, which will lead to the dissolution of an existing Islamic family.
Islam, rather, discourages the dissolving of a Muslim family, as pointed out
earlier. Therefore, Islam, in principle, eliminates the reason, which will
lead to anticipated family problem.
2nd Case: Islam permits a male Muslim to
marry a Christians or a Jewish wife because Islam accepts the Message of
Jesus u as a Prophet and Messenger from Allah (subhanahu wa ta'ala), who was
born miraculously, by the Will of Allah (subhanahu wa ta'ala). Similarly,
Islam accepts the Message of Prophet Moses (peace and blessings of Allah be
upon him) considering him a Prophet and Messenger to the Israelites.
Therefore, a Christians or a Jewish wife, who is keen to maintain her Faith
as a Christians or a Jew, will not confront identical problem in this
regard. Regardless of difference in the principles of faith, belief and
religion, the marriage will continue and the family will prosper if all goes
well between the two spouses, God willing.
3rd Case: Islam bans the marriage of a man
with a Muslim female because the Christian person or the Jew denies the
Message of Muhammad (peace and blessings of Allah be upon him). In fact,
such individuals may talk derogatory about the Prophet (peace and blessings
of Allah be upon him), a situation that causes hatred, problems and dislike
between the two spouses. Such attitudes will lead to a dispute and
differences between the two spouses. Eventually it will lead to the breakage
of the family by divorce. Based on this, Islam bans the marriage that
eventually leads to divorce.
Reply to the Misconception about Slavery
Sixth: Slavery system in Islam contradicts Islamic concepts of
equality and full personal freedom. This, too, is an encroachment upon human
rights.
The reply:
We would like to present, in brief, the standpoint of Islam
against slavery. Islam accepted the slavery system because of the existence
of peculiar economic and social conditions of the society in order to meet
their economic, when Islam made first appearance. The entire society, then,
depended heavily on the slavery system in taking care of the economic and
social needs. In fact, this system of slavery was not restricted to the
society of the Arabian Peninsula but it was worldwide. Moreover, the slavery
system was well adopted and recognized in the previous religions. It is
stated in the Bible, Deuteronomy 20:10-17,
- " When you come neigh unto a city to fight against it, then proclaim
peace unto it.
- And it shall be, if it make thee answer of peace, and open unto thee,
then it shall be, that all the people that is found therein shall be
tributaries unto thee, and they shall serve thee.
- And if it will make no peace with thee, but it will make war against
thee, then thou shall besiege it.
- And when the Lord Thy God has delivered it into thine hands, thou
shall smite every male thereof with the edge of the sword.
- But the women, and the little ones, and the cattle, and all that in
the city, even all the spoil thereof, shall you take unto yourself, and
you shall eat the spoil of thine enemies, which the Lord thy God has given
thee.
- Thus shall you do unto all the cities which are very far off from
thee, which are not of the cities of these nations.
- But of the cities of these people, which the Lord thy God does give
you for an inheritance, you shall save alive that breathes.
- But you shall utterly destroy them. "
Islam followed a gradual and long-term plan to eliminate
slavery from the Islamic society, like the banning of all types of liquors.
Liquor (or wine) was not banned at once in Islam but rather gradually in
stages. In the first stage, the Almighty Allah states in the Glorious Qur'â®
Sura al-Baqarah (The Cow) 2:219 the meaning of which is translated as:?
They ask thee concerning wine and gambling. Say: In them is great sin, and
some profit, for men; but the sin is greater than the benefit [profit]. They
ask thee how much they are to spend; say: What is beyond your needs. Thus
does Allah make clear to you His Signs: in order that ye may consider?.
However, with people widely accepting Islam as a way of life and
a religion to follow, Allah (subhanahu wa ta'ala) revealed the following
verse in Qur'⮬ Sura al-Nisa (The Women), 4:43 the meaning of which is
translated as:?
Oh you who believe! Approach not prayers with a mind befogged, until you can
understand all that you say?.
Then, when Muslims became firm in faith and began learning and
studying Islam thoroughly, showing full respect and obedience to the
Commands of Allah (subhanahu wa ta'ala) and the commands and the
instructions of Allah's Messenger (peace and blessings of Allah be upon
him), Allah (subhanahu wa ta'ala) issued a full ban for liquor. The Almighty
Allah states in the Glorious Qur'â® Sura al-Maedah (The Table) 5:90 the
meaning of which is translated as:?
Oh you who believe! Intoxicants and gambling, (dedication of) stones, and
(divination by) arrows, are an abomination of Satan's handiwork: eschew such
(abomination), that you may prosper?.
Similarly, Islam followed an identical approach to eliminate
slavery from the Islamic society. Islam did not command to abruptly stop all
dealings with slavery, but rather wisely drained all the sources of slavery.
Islam aimed at reaching a stage where all activities will vanish completely.
Islam started with the first stage; liberating themselves from within their
hearts and minds. They were instructed to feel strong, healthy and capable
within. They were taught to quit feeling weak, inferior, about themselves.
Islam reconstructed the human feeling and integrity in the hearts and minds
of slaves by making them, or rather calling them, brethren to their masters
or owners. Slavery never remained a permanent phenomenon in the Islamic
society. Allah's Messenger (peace and blessings of Allah be upon him) is
reported to have said:?
Your workers are your brethren. The Almighty Allah placed them under you
[for your services]. Whosoever has one [of his brethren] under him [working
for him] must feed him of what he eats, clothe him of what he clothes
himself and do not assign them to do what they cannot do. If you do, then
help them?[109].
Islam, further, establishes the rights of slaves to life.
Allah's Messenger (peace and blessings of Allah be upon him) is reported to
have said:?
Whosoever kills a slave will be killed. Whosoever cuts off the nose of a
slave, his own nose will be cut off [in punishment]. Whosoever removes the
testicles of a slave, his own testicles will be also removed?[110].
Moreover, Islam commands Muslims to be kind and good to their
slaves and maids. The Almighty Allah states in the Glorious Qur'â® Sura al-Nisa
(The Women) 4:36 the meaning of which is translated as:?
Worship [Serve] Allah, and join not any partners with Him; and do good to
parents, kinsfolk, orphans, those in need, neighbors who are near neighbors
who are strangers, the companion by your side, the wayfarer (you meet) and
what your right hands possess: for Allah loves not the arrogant, the
vainglorious?.
In fact, Islam upholds the feelings of the slaves with honor as
it bans slave masters to remind their slaves about their slavish background.
Allah's Messenger (peace and blessings of Allah be upon him) is reported to
have said:?
One should not say 'this is my slave' or 'this is my maid', but rather one
should say 'this is my boy' or 'this is my girl?.
However, slavery, according to Islamic teachings is limited to
physical slavery only and not mental and philosophical. A slave has the
right to maintain his own faith if he wishes to do so. Furthermore, Islam
sets forth the best example in human equality by making the superiority
based on piety and righteousness. In fact, Islam made brotherhood or unity
ties between slaves and their masters. Yet, Islam went a step further by
presenting an excellent example of Allah's Messenger (peace and blessings of
Allah be upon him) when he offered in marriage his cousin; Zainab bin Jahsh
(may Allah be pleased with him), a noble Korishite lady, to his slave
fellow; Zaid bin Harithah. The latter was also assigned as a leader to the
army that consisted of some leading and well-known Companions of Allah's
Messenger (peace and blessings of Allah be upon him).
Islam followed two main methods to eliminate slavery from the
Islamic society and practiced them in a very subtle manners as to avoid any
confusion or chaos in the society. These methods did not create any
animosity, hatred between various classes of the Islamic society or cause
detriment to the prevailing socio-economic situations.
The first method: Draining the sources of slavery, which were
very vast at one point during the Islamic history. Slavery sources were as
follows:
- Wars of all types where the defeated army fighters will be either
killed or captivated, and consequently, enslaved.
- If a person is in a financial debt and could not pay it back fully,
such indebted person would become a slave to the debtor.
- The practice of fathers to sell their children, male or female, if
they chose to do so.
- Personal decline of freedom. If a person was in need for something, he
sells himself to another person in order to get what he needed.
- All acts of piracy, kidnapping and abducting of people. Such kidnapped
people were treated like slaves.
- A punishment for crimes such as killing, theft and adultery, which
imposed slavery on the doer. The criminal person will become a slave to
the victim or his family members or heirs.
- Reproduction of slaves even if the father was a freeman.
The aforementioned were just few sources for slavery, which were practiced in the world before the advent of Islam. Thus, Islam has forbidden all these sources. Two remained as exceptions:
- War captives, or prisoners of lawfully declared wars by a Muslim
ruler. However, such prisoners of war were not all declared as slaves.
Some of them were set free while others paid ransom or else. This is based
on the verse in the Glorious Qur'â® Sura Muhammad (peace and blessings of
Allah be upon him) 47:4 the meaning of which is translated as:?
Therefore, when you meet the Unbelievers (in fight), smite at their necks;
at length, when you have thoroughly subdued them, bind a bond firmly (on
them): thereafter (is the time for) either generosity or ransom: until the
war lays down its burdens. Thus (are you commanded): but if it had been
Allah's Will, He could certainly have exacted retribution from them
(Himself); but (He lets you fight) in order to test you, some with others.
But those who are slain in the way of Allah, He will never let their deeds
be lost?. This, however, was at the beginning of the advent of
Islam. The enemies of Islam then attempted to stop its progress and spread
to others. Non-Muslims at that time held Muslims as prisoners-of-war.
Islam did the same.
- An inherited slavery, on the other hand, is the child who is born for
two slave parents. Such a born child is considered a slave as well.
However, if the master of a slave girl had an intercourse with her, the
product of this relation is a free child who is also attached in lineage
to his free father. In such case, the slave-girl is called "a mother of a
boy" who is not sold and not given as a gift, but she will be freed upon
the death of her master.
- The second method involves expanding the exits of liberation of slaves from slavery. Originally, the only way for freedom was the will of the master to free the slave or the slave-girl. A slave, prior to advent of Islam, was considered a slave throughout his entire life. Yet, a slave master who would liberate his slave or slave-girl, had to pay a fine.
Islam introduced the practice of liberation of slaves through their own masters and contracting of slaves with masters to pay a specific amount of money to purchase their freedom or liberty. Moreover, Islam widely opened this door before the slave master was given latitude to liberate his slave at any time and without any obligation or financial fine. Yet, it opened other doors and means for liberating the slaves as well, such as:
- Atonement for sins:
Islam set an atonement for killing by mistake, a liberation of a Believing, faithful Muslim slave, in addition to the blood-money to be given to the affected family. This is based on the verse in the Glorious Qur'â® Sura al-Nisa (The Women) 4:92 the meaning of which is translated as:? Never should a Believer kill a Believer; but (if it so happens) by mistake, (compensation is due); if one (so) kills a Believer, it is ordained that he should free a believing slave, and pay compensation to the deceased's family, unless they remit it freely?.
- Atonement for Thehar oath[111]:
This is based on the verse in the Glorious Qur'â® Sura al-Mujadalah (The Disputing One) 58:3 the meaning of which is translated as:? But those who divorce their wives by Thehar, then wish to go back on the words they uttered, (it is ordained that such a one) should free a slave before they touch each other: these are you admonished to perform: and Allah is well-acquainted with (all) that you do?.
- Atonement for breaking an oath:
This is based on the verse in the Glorious Qur'â® Sura al-Maedah (The Table) 5:89'89 the meaning of which is translated as:? Allah will not call you to account for what is futile in your oaths, but He will call you to account for your deliberate oaths: for expiation, feed ten indigent persons, on a scale of the average for the food of your families; or clothe them; or give a slave his freedom. If that is beyond your means, fast for three days. That is the expiation for the oaths you have sworn. But keep to your oaths. Thus does Allah make clear to you His Signs, that you may be grateful?.
- Atonement for breaking the fast during the month of Ramadan:
This is based on the incident of the man who came to Allah's Messenger (peace and blessings of Allah be upon him) telling him:? Oh Prophet of Allah! I have destroyed myself! Allah's Messenger (peace and blessings of Allah be upon him) asked the man, Why? The man informed Allah's Messenger (peace and blessings of Allah be upon him) that he had an intercourse with his wife during the fasting hours of the day of Ramadan. Allah's Messenger (peace and blessings of Allah be upon him) asked the man, Do you have a slave to free? The man answered negatively. Allah's Messenger (peace and blessings of Allah be upon him) asked the man again, Do you have the means to feed sixty poor people? The man replied negatively. While the man and the rest of the people were sitting, Allah's Messenger (peace and blessings of Allah be upon him) was presented with an amount of fresh dates. Allah's Messenger (peace and blessings of Allah be upon him) asked about the man who committed that sin, and he came forward. Allah's Messenger (peace and blessings of Allah be upon him) said to the man, Take these dates and give them to the poor people in charity [atonement for your sin]. The man replied, Oh Prophet of Allah! By Allah! There is no poorer family in the entire city of Madinah than my family. Allah's Messenger (peace and blessings of Allah be upon him) upon hearing this smiled in such a way that his fangs appeared, saying, Then, take the dates and feed your family?[112]. A person who has, however, committed one of these sins and is required to pay atonement for his sin, and he is financially capable, but does not possess a slave to liberate, must purchase a slave [if possible] and liberate it in atonement for his sin.
- Islam declares liberating of slaves as one of the most beloved
charitable acts of worship in the Sight of Allah (subhanahu wa ta'ala):
This is based on the verse in the Glorious Qur'â® Sura al-Balad (The Town) 90:11-13 the meaning of which is translated as:?- But he has made no haste on the path that is steep.
- And what will explain to thee the path that is steep?
- (It is:) freeing the bondman. ?
- But he has made no haste on the path that is steep.
- Announcing freedom to the slave:
If a slave master announces any word or synonyms of freedom, liberation, releasing or relieving a slave from his slavery, though jokingly, the slave is freed instantly. This is based on the statement of the Hadith of Allah's Messenger (peace and blessings of Allah be upon him) saying:? [There are] three matters if you utter them seriously or jokingly, you will commit yourself to do them. These are: divorcing [one's wife], accepting a marriage [to a woman] and freeing or liberating a slave?[115].
- Liberating a slave by a will:
One of the means of liberating a slave is through the death-will. The will may be written, announced verbally, pronounced to someone or the like. If a slave master declares, in any form, that his slave will be a freeman upon the master's death, the slave has secured his freedom after the death of the master. Therefore, as a precautionary measurement Islam bans to sell or give away such a slave after this declaration. If a slave-girl is given such a promise and the owner has an intercourse with her, the child who is a product of that cohabiting is born as a freeman also. Similarly, the slave girl, in such a case, is not to be sold or given away as a gift to a third party, but rather liberated as well.
- Slave liberation is one of the proposed channels of Zakah:
This is based on the verse in the Glorious Qur'â® Sura al-Tawbah (The Repentence) 9:60 the meaning of which is translated as:? Alms are for the poor and the needy, and those employed to administer the (funds); for those whose hearts have been (recently) reconciled (to the truth); for those in bondage and in debt; in the cause of Allah; and for the wayfarer: (thus is it) ordained by Allah, and Allah is full of knowledge and wisdom?.
- Atonement for slapping on the face:
Islam requires freeing a slave if the slave master slaps or hits his slave on the face. This is based on the Hadith of Allah's Messenger (peace and blessings of Allah be upon him):? Whosoever slaps his slave or hits him/her on the face must pay an atonement by freeing him?[116].
Moreover, the statements and actions of Allah's Messenger (peace and
blessings of Allah be upon him) in this regard were one of the best
incentives for people to free the slaves and liberate them for the cause
of Allah (subhanahu wa ta'ala). Allah's Messenger (peace and blessings of
Allah be upon him) said:?
Whosoever frees a slave will get a reward to free one of his organs from
the fire of hell for every organ of the slaves organs?[113].
In addition, Allah's Messenger (peace and blessings of Allah be upon him)
is reported to have said:?
Visit the ill, feed the hungry and release the suffering slave?[114].
Contracting a slave:
This involves a situation when a slave requests his master to sell him his
freedom for a sum of money they both agree upon. If a slave requests his
master to issue him such a liberation contract, it will become binding on
the master to grant the slave such a contract. In such a case, the slave
will have the liberty to buy, sell, trade, own and work in order to
accumulate the needed money against his freedom contract. Even working for
his master will be for a specific wages for his labor. In fact, Islam went a
step further by asking donations, assistance and support for such people
from the wealthy people and donors in the Islamic society. Even the master
is urged to discount some of the money agreed upon, or to give him some
easier payment facilities to help the salve obtain his freedom. This is
based on the verse in the Glorious Qur'â® Sura al-Noor (The Light) 24:33 the
meaning of which is translated as:?
And if any of your slaves ask for a deed in writing (to enable them to earn
their freedom for a certain sum), give them such a deed if you know any good
in them; yet, give them something yourselves out of the means which Allah
has given to you?.
We can confidently say, in brief, that Islam did not legalize
slavery. Conversely, it established laws and regulations that contributed
significantly and effectively to help restrict the sources of slavery and
helped slaves to be freed once and forever.
The Ministry of Justice in Kingdom of Saudi Arabia held three
symposiums during the month of Safar 1392 H (1982 G). The Minster of Justice
and eminent scholars and university professors attended along with four
eminent European canonists and scholars:
- Ex Foreign Affairs Minister of Ireland and the Secretary of the
European Legislation Committee.
- A well-known scholar of Oriental and Islamic Studies Professor.
- An eminent professor of Law and the Director of the Human Rights
Magazine published in France.
- Some of the eminent lawyers of Appellate Court in Paris.
The Kingdom's scholars explained the concept of Islam as a
way of life, in comparison with other competing concepts, illustrating the
main rules of Islam and the Shari'ah and the details of such general rules
and principles. Muslim scholars also illustrated that the Shari'ah preserves
the real interests of people. The Muslim scholars also illustrated the
value, the benefits and the effectiveness of the Islamic capital punishments
that are prescribed against serious crimes committed against innocent people
and society. Muslim scholars further explained that such capital punishments
are rational penalties that preserve the peace, safety and security of the
society at large. Furthermore, such punishments will reduce the percentage
of crimes in the society.
At their own, the Europeans expressed their admiration of the
detailed explanations given by the Muslim scholars on these types of
punishments. Europeans even admired the concept of the human rights in
Islam.
Mile Pride, the head of the European delegation, declared then:"
From this place, and from this Islamic country the human rights must be
declared and announced to people all over the world and not from any other
country. Muslim scholars must declare these unknown human rights to the
international public opinion. In fact, due to the ignorance about these
human rights and lack of proper knowledge about them, the reputation of
Islam and the Islamic ruling and governing is distorted in the rest of the
world ".
[104] Matthew 15:24.
[105] Matthew 10:5-6.
[106] Bukahri, Hadith No.6484 and Muslim, Hadith No.1676.
[107] Bukahri, Hadith No.6935 and Muslim, Hadith No.6524.
[108] The following is quoted from Symposium on Islamic Shari'ah and
Human Rights in Islam, Beirut, Dar-al-kitab-al-lobnani, 1973.
[109] Bukahri.
[110] Bukahri and Muslim report this Hadith.
[111] Zehar is a type of oath where a person used to say to his wife,
'You are unlawful for me to touch, like the back of my mother'. This was a
practice during the pre-Islamic era and Islam banned it.
[112] Bukahri reported this Hadith.
[113] Muslim reported this Hadith.
[114] Bukahri reported this Hadith.
[115] Bukahri reported this Hadith.
[116] Bukahri reported this Hadith.
Conclusion
In conclusion, I can confidently say that all what has been presented in
this booklet is an introductory discourse to the human rights in Islam. I
hope and pray that this discussion will open avenues for those who are keen
to know more about the truth of Islam. Unfortunately, it has been severely
misconstrued and misinterpreted by modernist Muslims as well as by the
enemies of Islam.
I call upon the readers of this booklet also to explore more
about Islam as a way of life and thought through reliable and sound sources.
Readers are urged to study these sources without any preconceived bias.
I feel obliged to offer any assistance to the individuals who
are keen to learn and know more about Islam as a way of life.
I would also like to emphasize to the Muslims calling others to
Islam to be sincere in their intention. Their efforts should not be
motivated by any personal gains. But they should seek the pleasure of the
Almighty Allah in this life and in the Hereafter to enjoy the permanent
abode in the Jannah, Paradise. One of the Companions of Allah's Messenger
(peace and blessings of Allah be upon him) once said when he was asked about
the reason for his participation in the fight for the cause of Allah (subhanahu
wa ta'ala), 'We came in order to liberate people from worshipping other
people and to get them out of the injustices caused by other religions,
letting in to the justice of Islam'. As for the divine reward in the
Hereafter, we Muslims believe that there are two permanent abodes in the
Hereafter, without a third. These are either the Jannah, Paradise, the bliss
and eternal happiness, or else the Hellfire or eternal torture. Jannah,
Paradise is the graceful reward from Allah to those who obeyed His Commands.
The Almighty Allah states in the Glorious Qur'â® Sura al-Imran (The Family
of Imran) 3:85 the meaning of which is translated as:?
If anyone desires a religion other than Islam (submission to Allah), never
will it be accepted of him; and in the Hereafter he will be in the ranks of
those who have lost (all spiritual good)?.
This is also based on the verse of Qur'â® Sura al-Kahf (The
cave) 18:107-108 the meaning of which is translated as:?
As to those who believe and work righteous deeds, they have, for their
entertainment, the Gardens of Paradise, Wherein they shall dwell (for aye):
no changes will they wish for themselves?.
Furthermore, the Almighty Allah promised Hellfire to those who
disobey His commands and set partners to Him. The Almighty Allah states in
the Glorious Qur'â® Sura al-Nisa (The Women) 4:48 the meaning of which is
translated as:?
Allah forgives not that partners should be set up with Him; but He forgives
anything else, to whom He pleases; to set up partners with Allah is to
devise a sin most heinous indeed?.
The Almighty Allah states in the Glorious Qur'â® Sura al-Bay-yenah
(The Clear Evidence) 98:6 the meaning of which is translated as:?
Those who reject (Truth), among the People of the Book and among the
Polytheists, will be in Hell-fire, to dwell therein (for aye). They are the
worst of creatures?.
Since the advent of Islam, the enemies of Islam have waged wars
against Islam, and the wars would continue in our time. Such anti-Islamic
elements have exploited worst possible means in this war. Yet, their
arrangements are ineffective. They may deceive the insane. But men with
sanity and maturity will remain unaffected. Besides, people with sound minds
continue to successfully differentiate between truth and falsehood. In fact,
eminent religious people from other Faiths continue, increasingly, to join
Islam as a way of life. This in itself conspicuous evidence to prove the
magnificence of Islam as a religion and way of life and it proves that it is
surely, a Divine Faith and religion sent down by Allah (subhanahu wa ta'ala).
The Almighty Allah assured to preserve His religion of Islam to mankind. The
Almighty Allah states in the Glorious Qur'â® Sura al-Hejr 15:9 the meaning
of which is translated as:?
We have, without doubt, sent down the Message [Qur'â® and Islam]; and We
will assuredly guard it (from corruption)?.
Let us end our booklet with a beautiful quote from Allah's
Messenger (peace and blessings of Allah be upon him) Hadith:?
The most beloved people to Allah are the most useful [or beneficial to
others]. The most beloved actions to Allah (subhanahu wa ta'ala) is a
pleasure you bring to [a broken hearted, suffering] Muslim, or to relieve
such a sufferer from his suffering, or to pay his debt, or to dismiss his
hunger [by offering him a decent meal to eat]. It is even better for me to
walk with a Muslim brother to accomplish his need than to enter seclusion in
a Masjid for an entire month. Whosoever controls his anger [in this world]
Allah I will cover his vices. Whosoever controls [suppresses] his anger,
which he is capable of harming others with it, Allah (subhanahu wa ta'ala)
will fill his heart with satisfaction [or happiness] on the Day of Judgement.
Whosoever walks to support the evidence of a Muslim brother [definitely]
Allah (subhanahu wa ta'ala) will fasten his footsteps on the Day when
footsteps are [very] flinching. Surely, evil character and behavior will
spoil [or ruin] the [good deeds and pious actions] as vinegar spoils honey?[117].
[117] Tabaranee and ibn Abu-Dunya reported this Hadith.
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